- 38 - a. Substantially Understating Income A pattern of consistently and substantially underreporting income over several years is evidence of fraud. Holland v. United States, 348 U.S. 121, 137-139 (1954); Estate of Mazzoni v. Commissioner, 451 F.2d 197, 202 (3d Cir. 1971), affg. T.C. Memo. 1970-37. Mr. and Mrs. Reaves did not report or account for nearly $500,000 over 4 years from the 282 checks. Mr. and Mrs. Reaves received but did not report constructive dividends from the First Citizens accounts and the John Chavis checks totaling $13,814 in 1984, $19,551 in 1985, $89,150 in 1986, and $68,556 in 1987. This badge of fraud applies to Mr. and Mrs. Reaves for 1984, 1985, 1986, and 1987, because they both knew of their personal expenses paid from the First Citizens accounts and the John Chavis checks in each of those years. It also applies to Mr. Reaves because he knew of the 282 checks. b. Failing to Maintain Adequate Records A taxpayer's failure to maintain accurate records is a badge of fraud. Bradford v. Commissioner, supra at 307; Lollis v. Commissioner, 595 F.2d, 1189, 1192 (9th Cir. 1979), affg. T.C. Memo. 1976-15; Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172. Mr. and Mrs. Reaves produced no records showing that they received or how they used the proceeds from the 282 checks, John Chavis checks, or thePage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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