John F. Moran - Page 23

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          Commissioner, supra at 847; Chase v. Commissioner, T.C. Memo.               
          2004-142.                                                                   
               Courts have found that badges or indicia of fraud provide              
          probative evidence.  Badges of fraud include:  (1) Consistent and           
          substantial understatement of income; (2) failure to cooperate              
          with authorities; (3) implausible or inconsistent explanations of           
          behavior; (4) failure to maintain adequate books and records; (5)           
          concealment of assets; (6) concealing income and information from           
          a return preparer; and (7) extensive dealings in cash.  E.g.,               
          Spies v. United States, 317 U.S. 492, 499 (1943); Estate of                 
          Mazzoni v. Commissioner, 451 F.2d 197, 202 (3d Cir. 1971), affg.            
          T.C. Memo. 1970-37; DiLeo v. Commissioner, supra at 875; Chase v.           
          Commissioner, supra; Bacon v. Commissioner, T.C. Memo. 2000-257,            
          affd. without published opinion 275 F.3d 33 (3d Cir. 2001).                 
               Petitioner understated substantial amounts of his income in            
          each of the years in issue.  Petitioner falsely stated to                   
          respondent’s agents that he was unaware that checks issued to the           
          corporation had been deposited to his and Ms. McNamara’s personal           
          bank account.                                                               
               Petitioner failed to maintain adequate corporate books and             
          falsified corporate records.  Numerous customer checks were not             
          recorded on the corporation’s books and records.  Petitioner                
          caused the corporation to issue checks to pay fictitious expenses           
          and recorded these fictitious expenses in the corporation’s                 






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