- 14 - assets, and extensive dealings in cash support an inference of fraud. Spies v. United States, supra at 499; Parks v. Commissioner, 94 T.C. 654, 664-665 (1990) (purchase of cashier's checks to avoid filing of Currency Transaction Reports). Beginning in 1982, petitioner opened 10 separate checking and savings accounts. Then, in a series of transactions, petitioner, among other things, converted over $800,000 in investor funds into cashier's checks made payable to himself in order to avoid creating a transactional record in the corporate accounts. Respondent has established, through petitioner's deemed admissions, that petitioner's objective was to defraud the United States by conducting the financial and banking activities of the investment scheme in a manner that was not readily traceable. And finally, in addition to the various indicia of fraud that are present, we consider as evidence of fraud petitioner's conviction under section 7206(1) for filing a false income tax return. In Wright v. Commissioner, 84 T.C. 636, 643 (1985), this Court concluded that a prior conviction under section 7206(1) does not collaterally estop a petitioner from contesting a fraud determination under section 6653(b). However, a conviction for willful falsification, while not dispositive, is evidence of fraud. Id. at 643-644. On January 14, 1991, petitioner was found guilty under section 7206(1) on two counts of filing false income tax returns for 1984 and 1985.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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