- 24 - 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, seePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011