- 34 - Petitioner maintained inadequate business records. As stated in the criminal proceeding, petitioner “did not keep many business records; according to his sons, he merely kept track of ‘some things’ by handwritten notes on scraps of paper.” United States v. Hoover, 175 F.3d at 566. We find that petitioner’s failure to maintain adequate business records supports a finding of fraud. Petitioner devised a scheme to conceal his income and divert it to his children with the intent of avoiding income taxes. Petitioner instructed his customers to issue checks payable to his children. Petitioner attempted to disguise his farming income by diverting to his children farming receipts that were owed to petitioner. We find that this scheme of concealing his assets provides further evidence that petitioner attempted to avoid income taxes. Although a criminal conviction under section 7206 is not dispositive, it provides probative evidence that the taxpayer intended to evade taxes. Wright v. Commissioner, 84 T.C. 636, 643-644 (1985). Petitioner was convicted of filing false Federal income tax returns in violation of section 7206 in 1990, 1991, and 1992. United States v. Hoover, 175 F.3d at 567. We also note that petitioner was convicted of making false statements on a student loan application.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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