Dwight L. McKenna and Beverly S. McKenna - Page 36

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            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.                                                                                  






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