Eugene A. Beck, et al. - Page 39




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          Las Vegas exceeded the costs of Mr. Beck's travel expenses.                 
          Therefore, he reasoned that it was proper for the corporation to            
          pay for the expenses and deduct the expenses on its returns.                
               Although Mr. Beck was wrong about the propriety of paying              
          those expenses with corporate funds and deducting the expenses on           
          the corporate return, we do not think that the error was a result           
          of fraudulent intent to evade tax.                                          
               Furthermore, Beck's Liquors underreported its cost of goods            
          sold by $39,004 on its 1992 return.  A taxpayer intending to                
          fraudulently evade tax would not understate the cost of goods               
          sold, particularly by such a substantial amount.                            
                    2. Failure To File a Tax Return                                   
               In the instant cases, Mr. Beck's failure to file returns for           
          1992 and 1993 is consistent with his belief that his gross income           
          was less than the minimum amount that required the filing of a              
          return.  Mr. Beck's failure to file does not, therefore, convince           
          us that such failure was due to fraud.  Dajos v. Commissioner,              
          T.C. Memo. 1986-330.                                                        
                    3.  Concealment of Bank Accounts From Internal Revenue            
          Agent, Failure To Furnish the Government With Access To His                 
          Records, and Failure To Cooperate With Tax Authorities                      
               There is no evidence of concealment or attempts to mislead             
          respondent’s agents.  Mr. Beck was cooperative and forthright               
          throughout respondent’s investigation. There is no evidence of              
          any falsification or alteration of books and records.  Mr. Beck             






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