- 12 - cashier's check to Johnson McGee were deposited in the Johnson McGee account at Petra, an account that petitioner admittedly owned and controlled. He also admitted to using a portion of those funds to repay the Cortez loan, a loan he admitted illegally procuring in 1988. There is no evidence of a consensual recognition by petitioner and the City of Austin, express or implied, that petitioner was obligated to repay the $94,343.16. See James v. United States, supra at 219. In addition, petitioner possessed unrestricted control over the disposition of those funds and earned $698.23 in interest from the Johnson McGee account. See Rutkin v. United States, 343 U.S. 130, 137 (1952) (stating that holder has such control over it when he has the "freedom to dispose of it at will"). He failed, however, to report on his 1989 Federal income tax return any amount related to Johnson McGee. The underreporting of income resulted in an underpayment of tax because there is no suggestion of offsetting deductions in this case. The amounts repaid by petitioner have been conceded by respondent as not includable in income. Cf. United States v. Rosenthal, 470 F.2d 837, 842 (2d Cir. 1972) (repayments did not negate fraud but were designed to keep scheme afloat). Fraudulent intent may be inferred from various kinds of circumstantial evidence or "badges of fraud", including an understatement of income, inadequate records, implausible orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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