Ray W. and Marilyn S. Sowards - Page 34

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          Mr. Sowards rendered services to STL and its customers throughout           
          the period of time that STL was making payments to WPA, establish           
          that Mr. Sowards received remuneration for services he rendered             
          to STL, its customers, and/or Mr. Strong.  That remuneration was            
          in the form of the STL checks to WPA which were deposited into              
          the WPA account.  We find that the understatement of this income            
          to be clear and convincing evidence of fraudulent intent.                   
               Mr. Sowards failed to maintain records of income.  His                 
          allegation of their alleged destruction is not believable.  Ms.             
          Nunn did not testify that Mr. Sowards’s financial documents were            
          destroyed in a fire at her house.  We find the absence of                   
          records, given the circumstances of this case, to be strong                 
          evidence of fraudulent intent.                                              
               Mr. Sowards concealed assets and income from petitioners’              
          tax return preparer.  Petitioners’ return preparer for 1995 and             
          1997 testified that he was not aware of WPA or STL.  Mr. Sowards            
          failed to disclose the significant sums of money flowing from STL           
          to WPA and the fact that all these sums were used for his                   
          personal needs.  We find this failure to inform the return                  
          preparer, given the circumstances of this case, to be strong                
          evidence of fraudulent intent.                                              
               Mr. Sowards failed to cooperate with tax authorities.  He              
          made numerous false and inconsistent statements to respondent’s             
          employees.  When interviewed and questioned on September 30,                






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