AJF Transportation Consultants, Inc. - Page 29




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             (1985).  While not dispositive on the issue of fraud, it is a                                        
             factor we may consider relevant.  See id. at 639-640.  The                                           
             Supreme Court has defined "willfully", as used in section                                            
             7206(1), as "a voluntary, intentional violation of a known legal                                     
             duty."  United States v. Pomponio, 429 U.S. 10, 12 (1976).  We                                       
             think Ferrentino's intentional filing of a false tax return for                                      
             1988 is strong indicia of fraudulent intent with respect to the                                      
             1988 taxable year.                                                                                   
                    The failure to provide tax return preparers with complete                                     
             and accurate information is also an indication of fraud.                                             
             Witkowski determined AJF's gross income from AJF's cash receipts                                     
             journal.  AJF's books and records did not disclose the fuel                                          
             reimbursement checks from the J.C. Penney distribution centers,                                      
             nor did they disclose the delivery service checks from Custom                                        
             Decorating.  Ferrentino knew that AJF's corporate income was                                         
             determined by deposits to its operating account.  He also knew                                       
             that by not depositing the Custom Decorating and fuel                                                
             reimbursement checks, AJF's corporate tax returns would not                                          
             report these amounts.  Under these circumstances, Ferrentino's                                       
             failure to provide accurate information to Witkowski is strong                                       
             indicia of fraud with the intent to evade tax.                                                       
                    Petitioners' failure to maintain adequate books and records                                   
             of alleged casual labor is further evidence of fraudulent intent.                                    
             See Spies v. United States, 317 U.S. 492, 500 (1943);                                                
             Grosshandler v. Commissioner, 75 T.C. 1, 20 (1980); Zack v.                                          
             Commissioner, T.C. Memo. 1981-700.  Petitioners failed to                                            

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