Michael J. Downing and Sandra M. Downing - Page 64

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          fraud.”  Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987);              
          Marcus v. Commissioner, 70 T.C. 562, 577 (1978), affd. without              
          published opinion 621 F.2d 439 (5th Cir. 1980).                             
               For 1994, Michael reported $68,758 of Schedule C gross                 
          receipts from the plumbing business.  Respondent has shown by               
          clear and convincing evidence that Michael should have reported             
          at least $85,683.  Supra table 7.  We conclude that the $16,925             
          difference is a substantial underreporting.                                 
               For 1995, Michael reported $82,721 of Schedule C gross                 
          receipts from the plumbing business.  Respondent has shown by               
          clear and convincing evidence that Michael should have reported             
          at least $162,038.  Supra table 8.  We conclude that the $79,317            
          difference is a substantial underreporting.                                 
               For the 2 years in issue, Michael failed to report an                  
          aggregate of about 40 percent of his Schedule C gross receipts              
          from the plumbing business.                                                 
          (2)  Failure To Keep Adequate Books and Records                             
               Taxpayers are required to maintain books and records                   
          sufficient to show their tax liabilities.  See sec. 6001.                   
          Failure to do so is another indicium of fraudulent intent.  See             
          Bradford v. Commissioner, 796 F.2d at 307.                                  
               Respondent contends that petitioners’ records for the                  
          plumbing business were incomplete and inconsistent.  For 1995,              
          respondent points to the fact that the total amount of the adding           







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