Charles McHan and Martha McHan - Page 24

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          related expenses.  Siravo v. United States, 377 F.2d 469, 473               
          (1st Cir. 1967); Franklin v. Commissioner, T.C. Memo. 1993-184.             
               Petitioner has not produced credible evidence of additional            
          expenses incurred relating to his purchase and sale of marijuana            
          in excess of those allowed by respondent.  Accordingly,                     
          respondent has established by clear and convincing evidence that            
          in 1985 and 1986 petitioner herein had significant additional               
          income and income taxes relating to petitioner’s illegal sale of            
          marijuana that petitioner did not report on his 1985 and 1986               
          Federal income tax returns.                                                 
               Petitioner was indicted and convicted on numerous charges              
          relating to his purchase and sale of marijuana during 1985, 1986,           
          and 1987.  No income relating to petitioner’s sale of marijuana             
          was reported on petitioners’ joint Federal income tax return for            
          the years in issue.  Gatling v. Commissioner, 286 F.2d 139, 145             
          (4th Cir. 1961) (“[P]roof of consistent and substantial                     
          understatements of income over a period of years may constitute             
          persuasive and convincing evidence of fraud.”), affg. T.C. Memo.            
          1959-224; see also Patton v. Commissioner, 799 F.2d 166, 171 (5th           
          Cir. 1986), affg. T.C. Memo. 1985-148; Merritt v. Commissioner,             
          301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172.               
               Petitioner dealt in large amounts of cash when buying and              
          selling marijuana, but petitioner failed to maintain or to                  
          produce books and records relating to the transactions, see                 






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