- 23 - underpayment of tax for each of the years in issue. Over the 4- year period in issue, petitioners failed to report approximately $1 million dollars of income. 2. False Statements Respondent argues that false statements made at the time petitioners were interviewed by respondent’s agents are evidence of fraudulent intent. The Supreme Court has stated that an "affirmative willful attempt may be inferred from * * * any conduct, the likely effect of which would be to mislead or to conceal." Spies v. United States, supra at 499. Making false statements to a revenue agent is evidence of fraud. See United States v. Beacon Brass Co., 344 U.S. 43, 45 (1952). When petitioners first met with respondent’s special agents regarding the years in question, Mr. Bacon told them that petitioners and their children had received extensive cash gifts from Mr. Bacon’s grandfather in $10,000 cash increments. According to Mr. Bacon, he received a $10,000 cash gift each year since his 18th birthday, his wife received an annual $10,000 cash gift since they have been married, and their children each received an annual $10,000 cash gift since their birth. Mr. Bacon told respondent’s agents that he received the cash gifts through a brother-in-law, that neither petitioners nor their children had ever met their grandfather, that they were told never to tell anyone about the gifts, and that they were never to put the money in the bank. Mr. Bacon told the agents thatPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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