Robert M. Temple - Page 27




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          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.                                                                    






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