- 12 - Respondent must show that petitioner acted with fraudulent intent. The facts in this case include many “badges of fraud”. Petitioner substantially and consistently understated his income for each of the years in issue. Petitioner failed to cooperate with respondent and offered inconsistent explanations for items on the returns. Petitioner did not maintain complete and accurate records of his income-producing activities and did not produce complete records during examination. Even when petitioner produced documents to substantiate the information on the returns, the records were in disarray and were incomplete. In addition, petitioner’s business involved many cash transactions. Considering his education as an accountant and the degree of noncompliance with record keeping requirements, we infer an intention to conceal and deceive. Petitioner, and his representative, also made false and misleading statements to Pascual during the examination. Petitioners’ representative told Pascual that petitioners had no personal bank accounts, which later proved to be false. There is also evidence that petitioner attempted to alter records by changing the numbers on his gasoline log sheets in order to claim more costs of goods sold and deductions. Respondent has proven by clear and convincing evidence an underpayment of tax due to fraud for each year. Petitioner has not proven that any part of the underpayment is not attributablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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