Eugene A. Beck, et al. - Page 37




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          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 honest               





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