John M. and Thelma Smoll - Page 9

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          with respondent, and they consistently provided respondent’s                
          representatives with implausible or inconsistent explanations for           
          their behavior.  See Bradford v. Commissioner, 796 F.2d 303, 307            
          (9th Cir. 1986) (stating that the failure to report income,                 
          maintain adequate records, and cooperate with the Commissioner              
          are “badges of fraud” from which fraudulent intent may be                   
          inferred), affg. T.C. Memo. 1984-601.  Petitioners conducted                
          transactions in cash during the years at issue and failed to                
          substantiate the sources of their cash; their failure to classify           
          their cash transactions and expenses in a manner consistent with            
          applicable law for the taxable years at issue was fraudulent with           
          the intent to evade tax.  Accordingly, petitioner is liable for             
          the 6651(f) addition to tax, and petitioners are both liable for            
          the section 6663 penalty.                                                   
               To reflect the foregoing,                                              

                                        An order of dismissal and decisions           
                                   will be entered for respondent.                    
















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