- 41 - Mr. and Mrs. Reaves should have told Davis about the First Citizen accounts and the 282 checks, or instructed Lawson and Wright to do so. Instead, Mr. Reaves concealed these items from Davis. He left no record showing how the proceeds from the 282 checks were used. He opened the First Citizens accounts without including them as a part of Reaves Livestock's records. Petitioners contend that Wright and Lawson should have told Davis about the John Chavis checks. We disagree. Wright and Lawson were not responsible for telling Davis how much income Mr. and Mrs. Reaves had. This badge of fraud applies to Mr. and Mrs. Reaves for 1984, 1985, 1986, and 1987, because they concealed income from Davis in each of those years. f. Diversion of Corporate Income for Personal Use A taxpayer's diversion of corporate funds to his own use is evidence of fraud. Solomon v. Commissioner, 732 F.2d 1459, 1460- 1461 (6th Cir. 1984), affg. T.C. Memo. 1982-603; United States v. Brill, 270 F.2d 525, 527 (3d Cir. 1959). Mr. Reaves diverted Reaves Livestock income to himself and Mrs. Reaves through the First Citizens accounts and through the 282 checks. Mrs. Reaves knew that she was receiving corporate income through the John Chavis checks. Mr. and Mrs. Reaves did not report their diverted income. This badge of fraud applies to Mr. and Mrs. Reaves forPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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