Reaves Livestock, Inc., et al. - Page 38

                                       - 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 the                








Page:  Previous  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next

Last modified: May 25, 2011