- 29 -29 (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 toPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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