- 11 - of fraud. Holland v. United States, 348 U.S. 121, 139 (1954). Mr. Welker concedes that he consistently underreported income. Taking into account the record as a whole, this is evidence of fraud. 3. Failure To Maintain Adequate Books and Records Failure to maintain adequate books and records may be indicative of fraud. Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987); Gajewski v. Commissioner, supra at 200. Mr. Welker did not keep any records regarding the cash payments he received from Brockland Pontiac. This is evidence of fraud. 4. Intent To Mislead Misleading statements to an investigating agent may be evidence of fraud. See Gajewski v. Commissioner, supra at 200. Mr. Welker argues that, from the very beginning, he always believed that the cash payments from Brockland Pontiac were gifts, and he so informed Ms. Alexander and Mr. Neighbors on June 9, 1989. In his first interview with Ms. Alexander and Mr. Neighbors on March 29, 1989, however, Mr. Welker stated that he did not receive any gifts during the years in issue. Additionally, as part of the criminal tax case, Mr. Welker admitted that when he prepared his income tax returns for the years in issue he knew that he should have reported the cash payments from Brockland Pontiac as income. If Mr. Welker had truly believed that the cash payments were gifts, he misled Ms. Alexander and Mr. Neighbors on March 29,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011