- 28 - he did so; his prior statements were an ineffectual but unsurprising attempt to conceal petitioners' check cashing scheme from respondent. Cummings testified that he stole livestock from Reaves Livestock with Lawson's help, sold the livestock, and split the proceeds with Lawson. Petitioners contend that Cummings' testimony shows that Lawson was likely to embezzle. We disagree. Cummings' testimony is questionable because in 1991 he said that Lawson was not involved in these thefts; he changed his story shortly before the trial in this case. Whether or not Lawson helped Cummings steal from petitioners, we are not convinced that he embezzled the cash from the 282 checks for reasons given above. Petitioners contend that their conservative lifestyle and their ability to live on their income shows that they did not receive the proceeds from the 282 checks. Mr. Reaves testified that he used cash in his business, but he provided no records showing how much cash he used or how he used it. His vague explanations do not persuade us that he used the proceeds of the 282 checks for business expenses. Petitioners failed to keep records that were sufficient to enable respondent to determine their tax liabilities. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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