- 9 - With regard to whether petitioner intended to evade taxes known to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes, we must look at Mr. Golden’s conduct to determine whether it exhibited any of the “badges of fraud”. Petitioner’s ledgers were set up in such a way that neither income nor expenses were recorded. The ledger recorded the loads that the drivers had transported and the gross amounts received by petitioner from the contracting companies as consideration for the transportation of those loads. These gross receipts were then reduced by expenses that petitioner charged to the driver. The driver would then receive a check for the net proceeds. The ledgers did not indicate the cost to petitioner of the various expenses that were deducted from the drivers’ checks. The ledgers did not indicate the markup on petitioner’s various expenses. Yet Mr. Golden testified that he was aware that there was a markup and aware that petitioner was earning a profit on these items. This profit was not recorded anywhere in petitioner’s books or records. Further, Mr. Golden, on behalf of petitioner, directed Mr. Jackson, petitioner’s tax return preparer, to claim that petitioner’s expenses were equal to its income, despite the fact that Mr. Golden testified that he had a “fee” that he charged for everything and that he charged the drivers a brokeragePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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