- 25 - books and records, see Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172; (3) false entries on or alterations of documents, see Spies v. United States, 317 U.S. 492, 499 (1943); (4) failure to file tax returns, see id.; (5) implausible or inconsistent explanations of behavior, see Grosshandler v. Commissioner, 75 T.C. 1, 20 (1980); (6) concealment of income or assets, see Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601; (7) dealing in cash; and (8) failure to cooperate with tax authorities, see id. at 307-308. Respondent argues that Mr. Vetrano’s conduct exhibit the following badges of fraud: Vetrano engaged in a 3-year pattern of under- stating income. He took steps to cover up the source of his income. He dealt in cash to avoid scrutiny of his finances. He structured his affairs to avoid making records the effect of which was to mislead or conceal. He failed to keep adequate and accurate records. Not only did Vetrano fail to cooperate with tax authorities in computing his correct income, he deliberately misled the examining agent by having his representative supply a false list of suppliers to him. He willingly defrauded others and was dishonest in business and personal transactions, particularly with respect to statements made in the New Jersey court which was adjudicating his divorce from Teresa Vetrano. He possessed sufficient education and knowledge of his duty to report income. He provided implausible and false explanations, such as that he was not in the auto parts business but was a bricklayer, when he admittedly had earned no income from 1991 throughPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011