- 37 - taxpayer’s failure to keep adequate books and records; (5) dealing in cash; (6) a taxpayer’s experience and knowledge, especially knowledge of tax laws; (7) a taxpayer's implausible explanations of conduct given at trial; and (8) participation in illegal activities or concealment of an illegal activity. Solomon v. Commissioner, 732 F.2d 1459, 1461-1462 (6th Cir. 1984), affg. per curiam T.C. Memo. 1982-603; Bahoric v. Commissioner, 363 F.2d 151, 153-154 (9th Cir. 1966); Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992); McCullough v. Commissioner, T.C. Memo. 1993-70. These indicia are not direct evidence of fraud, and we consider them in the context of the surrounding circumstances. King's Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 516 (1992); Comparato v. Commissioner, T.C. Memo. 1993-52. 1. Failure To Report Income Over an Extended Period of Time Mr. Beck underreported the income of Beck's Liquors in each of the years at issue. The greatest portion of the omitted income is attributable to the inclusion of cash purchases and disallowance of deductions for payment of personal expenses of Mr. Beck and his children. Mr. Beck also failed to report as income the amount of his personal expenses that were paid out of the corporation's funds. Fraud, however, may not be inferred from a mere understatement of income, Holland v. United States, 348 U.S. at 139, or from a deficiency in tax due to an honestPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011