- 65 - machine tape--the amount Michael purportedly reported on the Schedule C for that year--was $5,781 more than the amount actually reported on the Schedule C. Respondent also points to the fact that Sandra omitted from four of the invoices $8,683 when she was calculating the monthly totals. For 1994, respondent points to the fact that seven of the Forms 1099 issued to the plumbing business exceeded by $7,941 the amounts listed on their corresponding invoices. Thus, respondent concludes: “Petitioners obviously were not concerned with having an accurate record of the income from the plumbing business. Their method of record keeping, or lack thereof, is another badge of fraud for 1994 and 1995. Petitioners reply, on answering brief, as follows: The volume of records, checks, invoices, bank statement [sic], bank deposit slips, the purchase agreements, the sale agreements, the mortgages, the amortization schedule, the social security statement, the marriage agreement, etc. are a silent testimony as to the efforts that Petitioners have made to accurately determine and substantiate the tax return that was filed. Petitioners concede that Michael understated gross receipts for the plumbing business by $5,781 in 1995; they attribute this understatement to a computational error that occurred when Sandra added together the invoices. Petitioners argue, however, that because Michael was a cash basis taxpayer, and because they did not receive in 1995 the $8,683 that was listed on the invoices but not included on the adding machine tape, they did not have toPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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