Walter L. Medlin - Page 59

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          or fictitious names to conceal income is also evidence of                   
          fraud.”); see also Cooperstein v. Commissioner, T.C. Memo. 1984-            
          290; Yu v. Commissioner, T.C. Memo. 1973-188; Staff v.                      
          Commissioner, T.C. Memo. 1954-59.                                           
               As we have noted throughout this opinion, petitioner has               
          consistently failed to maintain adequate records of his real                
          estate and other transactions.  In some cases, the only record              
          petitioner admits to have maintained is his checkbook.  Clearly,            
          a checkbook is an insufficient record for purposes of computing             
          his gross income, especially where the transactions involved are            
          complex real estate transactions which include installment sales            
          and subdividing.  Such a gross failure to maintain adequate                 
          records (or to provide such records) is certainly indicative of             
          fraud.  See Clayton v. Commissioner, 102 T.C. at 647.                       
               We hold that there is clear and convincing evidence of                 
          fraudulent intent to evade income taxes by petitioner and that              
          the circumstances which lead us to that holding were apparent               
          with respect to at least some part of the underpayments for each            
          of the tax years in issue.  Thus, with respect to the 1985 tax              
          year, respondent has satisfied his burden, and the addition to              
          tax under section 6653(b)(1) applies to the entire underpayment;            
          with respect to the 1986, 1987, and 1988, tax years respondent              
          has satisfied his initial burden, and the additions to tax for              
          fraud for those tax years apply to the entire underpayment unless           






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