Hans C. Sherrer - Page 27




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          records is evidence of fraud.  See Bradford v. Commissioner,                
          supra at 307.                                                               
               Second, during each of the years in issue, petitioner used             
          the same incorrect Social Security number on the invoices he                
          submitted to, and on his contracts with, general contractors for            
          construction projects.  In many circumstances, the use of an                
          incorrect Social Security number could be evidence of nothing               
          more than negligence or mistake.  However, in this case it is               
          clear that petitioner at one time knew his correct number,                  
          because he used it on his 1973, 1974, and 1975 returns.  In light           
          of these and the other facts in the record, petitioner's                    
          consistent use of an incorrect Social Security number, during a             
          6-year period, with respect to hundreds of thousands of dollars             
          of business receipts, is relevant evidence of concealment and               
          fraud.                                                                      
               Third, petitioner made extensive use of cash during the                
          years 1989-92.  Dealing in cash may also be evidence of fraud.              
          See Bradford v. Commissioner, supra at 308.                                 
               Fourth, as we discuss infra pp. 39-40, it is also clear that           
          petitioner did not pay any estimated taxes for 1989-92.  This is            
          also an indication of fraud.  See Bradford v. Commissioner, supra           
          at 796 F.2d.                                                                
               3.  Petitioner's Use of a Bahamian Bank Account                        
               We now consider the admissibility of evidence of certain               
          other facts, which respondent claims are circumstantial evidence            
          of fraud.                                                                   



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