John W. Marsh - Page 29




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               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,              







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