- 35 -35 Grosshandler v. Commissioner, 75 T.C. 1, 20 (1980); Zack v. Commissioner, T.C. Memo. 1981-700. Petitioners failed to maintain records of trip sheets and manifests which would have verified the existence of casual labor and cash payments to the alleged casual labor. Petitioners failed to keep a list of the names and Social Security numbers of alleged casual laborers. We think petitioners intentionally chose not to maintain adequate records of their activities in order to conceal income. Finally, petitioners AJF and Ferrentino have deliberately failed to report $442,138 and $475,805.34, respectively, in cashed checks over the course of the 3 taxable years in issue. We conclude that respondent has proven by clear and convincing evidence that at least part of petitioners' underpayment for each taxable year involved is attributable to fraud with the intent to evade tax. Therefore, the fraudulent return exception under section 6501(c)(1) applies. II. The Additions to Tax and Fraud Penalties Under Secs. 6653(b) and 6663(a) Respondent has determined that petitioners owe additions to tax and penalties under sections 6653(b) and 6663(a). Section 6663(a) provides: "If any part of any underpayment of tax required to be shown on a return is due to fraud, there shall bePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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