- 13 - Gunderson and the bank records, the 1995 amended return also reported an incorrect amount of income. In addition, Ms. Enerson credibly testified that she felt there was an understanding between herself and petitioners that she should not provide the information regarding income from the extras to Mr. Gunderson. Mrs. Payne helped Ms. Enerson gather information for Mr. Gunderson. Mrs. Payne testified that at some point she knew that Mr. Gunderson had requested only bank records. Mrs. Payne knew the extras were not deposited in the bank; she helped separate out the checks for Mr. Payne to cash. Petitioners’ assertion of ignorance is merely an attempt to absolve themselves of blame by attributing responsibility to their bookkeeper. In addition, petitioners’ behavior with respect to their income shows multiple badges of fraud. Mr. Payne pleaded guilty under section 7206(1) to willfully filing a false tax return for 1994. As a result, Mr. Payne is estopped from arguing that he did not willfully file a false return for 1994. See Wright v. Commissioner, 84 T.C. at 639. Although the estoppel is not extended to petitioners’ fraudulent intent to evade tax, respondent has shown clear and convincing evidence that petitioners intended to evade tax for the years in issue. HRDC’s accounts receivable journal and bank deposit records both omitted the income HRDC earned from extras and did not accurately reflectPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011