Carl C. Poston III and Sherea A. Poston - Page 7




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          Commissioner's determinations with respect to the additions to              
          tax for fraud including: (1) Understating income, (2) maintaining           
          inadequate records, (3) failing to cooperate with tax                       
          authorities, and (4) failing to make estimated tax payments.  See           
          Recklitis v. Commissioner, 91 T.C. 874, 910 (1988).                         
               In the instant case, the deemed admissions pursuant to Rule            
          37(c) include petitioners' admission to a number of indicia of              
          fraud.  Specifically, petitioners are deemed to have admitted               
          that they:  (1) Failed to file timely income tax returns for the            
          years 1987 through 1992; (2) failed to cooperate with the revenue           
          agent conducting the audit of their tax liability for 1987                  
          through 1993; (3) failed to maintain and/or provide respondent              
          with complete and accurate records concerning their income and              
          expenses; (4) failed to provide the account numbers or bank names           
          for all accounts that they maintained during tax years 1987                 
          through 1993; (5) fraudulently and with the intent to evade the             
          payment of tax understated gross receipts in the amounts of                 
          $84,245.08, $166,894.49, $230,670.52, $248,756.27, $359,718.81,             
          $292,114.15, and $453,071.47 for tax years 1987 through 1993,               
          respectively; (6) fraudulently and with the intent to evade the             
          payment of tax failed to report $3,035 and $1,000 of other income           
          received during tax years 1987 and 1992, respectively; (7)                  
          fraudulently and with intent to evade the payment of tax claimed            
          false net operating loss carry forwards in the amounts of                   
          $19,455, $29,091, $36,439, $38,680, and $99,818 on their income             



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