- 17 - that Mr. Parsons testified that, as pharmacist, he did not operate the cash register at Cedar Hill; this task was performed by other employees. Thus, Mr. Parsons could not have readily avoided ringing up cash sales without involving his employees in this scheme. In summary, we find that in removing cash from Cedar Hill’s proceeds and failing to record or report such removal to their accountant, petitioners engaged in “conduct * * * likely * * * to mislead or to conceal.” Spies v. United States, 317 U.S. at 499. The amounts petitioners diverted to personal use that were not reported on their returns for 2 years in a row were substantial in relation to their reported income, rebutting inferences of mere mistake or inadvertence. The explanations offered by petitioners to cast these events in a more innocent light are implausible and unpersuasive. Moreover, petitioners were both convicted of violations of section 7206(1) for filing returns for each year in issue reporting an amount of income which they knew to be false. While the convictions under section 7206(1) do not estop petitioners from denying fraud for these years, they are evidence of fraud. Absent some credible evidence that knowingly filing a false return should not be considered indicative of fraud, a section 7206(1) conviction is highly persuasive of fraud. See Biaggi v. Commissioner, T.C. Memo. 2000-48; Wilson v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011