James E. and Chung H. Peacock - Page 39

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          were substantially underreporting their income.  This badge of              
          fraud applies to both petitioners for each year in issue.                   
                    b.   Income From Illegal Sources                                  
               A taxpayer's receipt of illegal income is a badge of fraud.            
          Bradford v. Commissioner, supra at 308; United States v.                    
          Hamilton, 620 F.2d 712, 716-717 (9th Cir. 1980).  Both                      
          petitioners knew that their income in the years in issue was from           
          an illegal source.                                                          
                    c.   Inadequate Records, Destroying Records, and                  
                         Reporting False Information to their Tax                     
                         Return Preparer                                              
               Failing to maintain accurate records is a badge of fraud.              
          Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg.           
          T.C. Memo. 1959-172; Reaves v. Commissioner, 295 F.2d 336, 338              
          (5th Cir. 1961), affg. 31 T.C. 690 (1958); see Alexander Shokai,            
          Inc. v. Commissioner, T.C. Memo. 1992-41, affd. 34 F.3d 1480 (9th           
          Cir. 1994).  Destroying records and providing incorrect                     
          information to a tax return preparer are also badges of fraud.              
          Spies v. United States, 317 U.S. 492, 499 (1943) (destroying                
          records); Estate of Temple v. Commissioner, 67 T.C. 143, 162-163            
          (1976) (giving incorrect information to tax return preparer).               
          Petitioner-wife told Kil Lee to burn the daily sheets he was                
          storing.  Petitioner-husband destroyed daily records of receipts            
          and gave false weekly summaries of their receipts and false                 
          information about their expenses to their tax return preparer.              






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