- 29 - misrepresent and conceal his receipt of those same funds from the Government with intent to evade tax. Rogers v. Commissioner, 111 F.2d 987 (C.A. 6, 1940). The legal relevancy of such evidence is based upon logical principles which go to negate innocent intent. United States v. Bridell, 180 F.Supp. 268 (N.D. Ill. 1960); Pappas v. United States, 216 F.2d 515 (C.A. 10, 1954). On July 12, 1988, petitioner requested that the State of Hawaii place his specialty masonry contractor’s license on “inactive status”. Afterward, petitioner continued to operate that business on an unlicenced basis. Petitioner had gross receipts from his masonry business of $318,315 in 1989. Around August of 1989, petitioner stopped using his business checking account in favor of conducting the masonry business using cash. Petitioner started paying his employees in cash as of July 21, 1989, rather than by check. Petitioner received a large insurance settlement and converted the check into cash rather than depositing that amount into a bank account. Petitioner's conduct in operating an unlicenced business and switching to cash transactions is further evidence of petitioner’s fraudulent intent. Petitioner suggests that his failure to file and pay tax for the years 1986 through 1989 was not fraudulent because the Internal Revenue Service was aware of his noncompliance. The fact that petitioner’s failure to file returns was known to the IRS does not preclude a finding of fraud. Disclosed defiance,Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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