Philip E. Parsons and Karen Parsons - Page 17




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          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.           







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