- 36 - for 1988. Petitioner admitted that he knew this omitted income was taxable. He also admitted that he made copies of the checks he received from various attorneys who paid him for medical services rendered to numerous personal injury patients. These understatements are strong evidence of fraud. Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987). d. Inadequate Books and Records A taxpayer's failure to maintain adequate and accurate records is indicative of fraud. Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172. Here petitioner maintained certain records that were convenient for his use, he destroyed other records, and he failed to maintain records that would have accurately reflected his income in 1987 and 1988. We think his records were intentionally incomplete. He had patients sign a sheet when they arrived at his office. The retention of these sheets could have assisted him in determining his income each year. But, instead, the sheets were destroyed each day. Further, there was no evidence of any ledger cards maintained to assist in recordkeeping. Petitioner only copied the checks from attorneys, and he stated that the purpose for this action was to assure that he was paid. By comparison, he obviously was not concerned with having an accurate tax record of the income he received from those attorneys.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011