- 10 - Respondent contends that the following facts, taken as a whole, prove that petitioner had the intent to fraudulently evade paying income tax on at least some part of the underpayment for the years in issue: (1) His failure to file income tax returns for the years 1986 through 1991; (2) through that failure to file, a corresponding consistent failure to report substantial amounts of income from the logging business; (3) the failure to maintain books and records of the amounts derived from the logging business; (4) his failure to pay estimated income taxes for the years in question; and (5) the cashing, rather than depositing, of checks derived from the logging business. In the instant case, petitioner did not file income tax returns for the taxable years 1986 through 1991. The parties have stipulated this fact. It is also without dispute that petitioner did not report relatively large amounts of income and expenses in connection with his logging business. An initial analysis reveals that some of the badges of fraud are present. Petitioner earned substantial amounts of income that were not reported, did not keep adequate records, and failed to provide records to or meet with respondent's agent. Due to the 1989 audit of his 1985 Federal income tax return and the seizure of his bank account, petitioner decided to close his bank account and, to some extent, deal in cash. Petitioner, however,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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