Reaves Livestock, Inc., et al. - Page 28

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          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.                                                                   








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