- 39 - 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. BeckPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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