George Maciel - Page 48

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          petitioner failed to report any of these earnings or maintain               
          adequate books and records for this business.                               
               (5) Petitioner owned and operated for income and investment            
          at least 12 parcels of real property.  Although petitioner                  
          apparently did report much of the income he received from these             
          properties, he failed to report all the income.  When questioned            
          about this failure, petitioner explained:  “I just don’t really             
          have an explanation.”  However, petitioner did claim expense                
          deductions for these properties.  Again, petitioner failed to               
          maintain adequate books and records for this significant business           
          endeavor.                                                                   
               (6) During the relevant period, petitioner dealt in                    
          significant sums of cash or its equivalent for which he has no              
          explanation.  For example, during 1990, petitioner wrote four               
          checks made payable to cash for the total sum of $37,834.  At               
          trial, petitioner could not recall the purpose for, or use of,              
          these funds.  Likewise, petitioner deposited large sums of cash             
          and its equivalent into his bank accounts.  We infer significant            
          dealings in cash without a definite explanation as an indicia of            
          fraud.  See Parks v. Commissioner, 94 T.C. 654 (1990).                      
               (7) Petitioner failed to inform his accountants (and his               
          bookkeeper) of Newark T&B and his racing business.  Both of these           
          businesses earned income for the years at issue, none of which              
          was reported.                                                               






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