- 24 - behavior; (5) concealment of assets; and (6) failure to cooperate with tax authorities. The Court of Appeals also stated that the existence of the following facts additionally supports a finding of fraudulent intent: (1) Dealing in cash to avoid scrutiny of finances, and (2) failing to make estimated tax payments. See id. at 308. We affirm respondent’s determination of the fraud addition to tax and penalties. Petitioner’s conduct displays many of the “badges” of fraud. As described in detail above, petitioner significantly understated income and maintained inadequate records to explain the nature and sources of his deposits. Petitioner also provided implausible and inconsistent explanations of his deposits. He lied to Agent Bricker during the criminal investigation, stating that not more than one or two checks for the purchase of computer equipment had been deposited into his personal account, and that any such checks deposited to his account would have been the result of a bank error. In fact, as petitioner knew full well, hundreds of such checks had been deposited to his account. Petitioner also lied when he testified that he did not tell customers to leave the payee lines blank, to make PAC checks payable to him, or to pay in cash. Barry Sharrow, Richard Eberli, Dexter Duncan, Dale Rutz, and Tim Earle all testified that petitioner told them to leave the payee linePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011