- 36 - As to the second badge of fraud asserted by respondent, that petitioners maintained inadequate records, we note that respondent has advanced this argument only with respect to the records of Crabtree Investments. Respondent has not introduced any evidence that petitioners Jerry and Eddie Crabtree themselves maintained inadequate records. As to the records of Crabtree Investments, we cannot review their adequacy or inadequacy because all of the records, except for the general ledgers, were destroyed by fire. Therefore, we have no independent means from which to evaluate the revenue agent’s conclusion that the records were inadequate. As to the third badge of fraud, respondent argues that it is “patently unreasonable, particularly considering the [cash] nature of his business” for the bar to earn income “which just happened to equal the amount of checks received for days upon end.” Petitioners claim that, during the years in issue, some large manufacturing companies in the area were renovating their plants and employed a number of out-of-town workers. Petitioners testified that Justins provided check-cashing services to these people to entice them to spend their money at Justins. Partly on the basis of the testimony of their accountant, petitioners maintain that from time to timePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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