- 27 - over a number of years is, standing alone, highly persuasive evidence of fraudulent intent. See Kurnick v. Commissioner, 232 F.2d 678 (6th Cir. 1956), affg. T.C. Memo. 1955-31; Reash v. Commissioner, 218 F.2d 954 (6th Cir. 1954), affg. per curiam a Memorandum Opinion of this Court dated Dec. 28, 1953. In this case, there is a substantial and consistent underpayment of tax for each of the years in issue. 2. Extensive Dealings in Cash Dealing in cash to avoid scrutiny of one’s finances is a badge of fraud. See Bradford v. Commissioner, 796 F.2d 303, 307- 308 (9th Cir. 1986), affg. T.C. Memo. 1984-601. Petitioner made numerous and substantial cash transactions during the 5 years in issue. During the years in issue, Mrs. Temple signed checks payable to cash totaling $59,223 that were drawn on four different accounts, all of which were fashioned as trust accounts. Mrs. Temple was not a named trustee on any of these accounts. For the short period of time that B. L. Holtzauer replaced petitioner and Mrs. Temple on the Dollar Savings 320 account, checks totaling $4,045 were issued payable to cash. The last check issued to cash in the amount of $2,045 was used toward the purchase of a bank check for $2,645. The Dollar Savings 320 account was closed, and the proceeds deposited into an account in Nassau, Bahamas.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011