-39- 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.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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