Gold Bar, Incorporated - Page 12




                                        - 12 -                                          
          the record indicates that the profit being earned by petitioner               
          was being passed through and reported as income by anyone.                    
               Mr. Golden admits that each item of expense charged to the               
          drivers by petitioner was marked up, and he attempts to explain               
          that this markup was not shown as income on its returns because               
          it covered “administrative costs associated with this service.”               
          Petitioner introduced no evidence of any administrative costs,                
          and given the fact that the only two people involved in                       
          petitioner’s business were Mr. and Mrs. Golden, we think it is                
          unlikely that any administrative costs were incurred by                       
          petitioner regarding these marked-up expenses.                                
               The fact that petitioner may have deposited all of its                   
          income and the fact that petitioner cooperated with respondent                
          does not militate against a finding of fraud.                                 
               We agree with respondent that the underpayment in each of                
          the years at issue is attributable to the fraud of Mr. Golden and             
          is therefore attributed to petitioner.  The record shows that                 
          petitioner engaged in a 3-year pattern of understating income and             
          overstating expenses.  Petitioner failed to keep adequate records             
          and concealed the income from petitioner’s tax return preparer by             
          providing him only with unsubstantiated income and expense                    
          amounts.  Mr. Golden possessed sufficient education and knowledge             
          of his duty to report petitioner’s income.  He provided                       
          implausible explanations, such as that petitioner was simply a                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011