Steven H. Toushin - Page 16




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               The evidence establishes that petitioner consistently and              
          substantially understated his income in 1980, 1981, and 1982.               
          Petitioner maintained inadequate records for both of his                    
          businesses.  Petitioner destroyed existing records at the Bijou             
          and instructed Killeen to destroy any records kept at the                   
          Screening Room.  Petitioner attempted to disrupt the IRS's                  
          criminal investigation by sending Killeen on vacation and                   
          counseling Killeen to lie to agents when questioned.  Petitioner            
          dealt extensively in cash both personally and in his businesses.            
               We also consider it significant that petitioner pleaded                
          guilty to a violation of section 7206(1) for 1980.  Although his            
          plea does not, in and of itself, establish a fraudulent intent,             
          we consider the crime as probative evidence that he intended to             
          evade taxes, especially when combined with other factors taken              
          from the record as a whole.  See Wright v. Commissioner, 84 T.C.            
          636, 643-644 (1985); McGee v. Commissioner, 61 T.C. 249, 260                
          (1973), affd. 519 F.2d 1121 (5th Cir. 1975).                                
               We conclude that petitioner possessed the requisite                    
          fraudulent intent to evade taxes known to be owing for 1980,                
          1981, and 1982.                                                             
               C.  Conclusion                                                         
               We find that respondent has clearly and convincingly proven            
          that the entire underpayments of tax for 1980, 1981, and 1982               
          were due to fraud.                                                          





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