Robert T. Schirle - Page 26

                                       - 26 -                                         

               The list of the badges of fraud, however, is illustrative.             
          We consider the totality of the facts and circumstances of each             
          case to determine whether there is fraudulent intent.  King's               
          Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 516              
          (1992); Recklitis v. Commissioner, supra.                                   
               Respondent contends that the following facts, taken as a               
          whole, prove that petitioner had the intent to fraudulently evade           
          paying income tax on at least some part of the underpayment for             
          the years in issue:  (1) Petitioner was aware of, and was                   
          receiving the proceeds from, the settlement check cashing; (2) he           
          was an experienced attorney; (3) he failed to maintain adequate             
          books and records; (4) he allegedly misled the revenue agent; and           
          (5) he dealt in cash.                                                       
               As to the $88,000 in checks petitioner deposited into the              
          Mitsui account in 1991, petitioner knew of these checks when his            
          original and amended tax returns were filed.  Additionally, we              
          find that petitioner was aware that these checks were omitted               
          from his return in 1991.  His explanation that they were omitted            
          due to a breakdown in communication with his accountant is                  
          unpersuasive.  Petitioner may have wanted to conceal the Mitsui             
          account from his accountant in order to prevent Mr. Yoon from               
          learning of this account; however, that does not provide                    
          justification for omitting income.  We conclude that respondent             
          has clearly and convincingly proven fraud with regard to the                





Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011