AJF Transportation Consultants, Inc., et al. - Page 35

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             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 be                                     









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