- 7 - evidence has been presented that this was in fact the case, nor do we need to delve into petitioner’s intentions at the time he entered into the plea bargain. The conviction, when coupled with the five indicia of fraud discussed below, provides persuasive evidence of fraud. First, petitioner’s understatement of income was substantial. He failed to report income from tax return preparation or immigration services. In addition, he failed to report nearly 60 percent of his interest income and almost 90 percent of his insurance sales income. Second, petitioner failed to keep adequate books and records. He initially provided no sales records, customer lists, or other related documents to the examiner. Even when petitioner’s accountant provided those documents, they were not complete. In addition, petitioner did not produce bank statements or Forms 1099. Third, petitioner’s explanations of his behavior were implausible and inconsistent. Petitioner’s excuse provided to the examiner that his income records were lost was implausible and inconsistent because those records were subsequently provided by petitioner’s accountant. In response, petitioner asserts that the accountant produced “most, but not all”, of the documents because some had been lost, and therefore there was no intent to mislead or conceal anything. Even if some of the documents werePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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