Estate of Harvey Feinsmith, Deceased, Betty Feinsmith, Executrix - Page 16




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          of income, (2) maintenance of inadequate records, (3) implausible           
          or inconsistent explanations of behavior, (4) concealment of                
          assets, (5) failure to cooperate with tax authorities,                      
          (6) engaging in an illegal activity, (7) attempting to conceal an           
          illegal activity, and (8) dealing in cash.  Bradford v.                     
          Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo.           
          1984-601; Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989).                
               Respondent argues that he has clearly and convincingly                 
          proven fraud by virtue of the following claimed actions on the              
          part of Mr. Feinsmith:  (1) That he understated his income and              
          the income of Randy Hall for the relevant years, (2) that he                
          failed to maintain adequate records for Randy Hall, including               
          that some of the maintained records were false invoices, (3) that           
          his accountant testified that Mr. Feinsmith did not tell the                
          accountant when the accountant prepared Mr. Feinsmith’s 1983 and            
          1984 personal income tax returns that he had income from the                
          scheme, (4) that he was engaged in the scheme, an illegal                   
          activity, (5) that the scheme involved the use of cash, and (6)             
          that he was an astute businessman.  Petitioner argues that                  
          respondent has not proven fraud either clearly or convincingly.             
          We agree with petitioner.  We are unconvinced by the record that            
          Mr. Feinsmith filed either his 1983 or 1984 Federal income tax              
          return with the requisite intent to evade a personal Federal                
          income tax known or believed to be owing.                                   






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