Timothy R. and Cindy I. Fuller - Page 8

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          If respondent establishes that any portion of the underpayment is           
          attributable to fraud, the entire underpayment is treated as                
          attributable to fraud and subjected to a 75-percent penalty,                
          unless the taxpayer establishes that some part of the                       
          underpayment is not attributable to fraud.  Sec. 6663(b).                   
          Respondent must show that the taxpayer intended to conceal,                 
          mislead, or otherwise prevent the collection of taxes.  Katz v.             
          Commissioner, 90 T.C. 1130, 1143 (1988).                                    
               The existence of fraud is a question of fact to be resolved            
          upon consideration of the entire record.  King’s Court Mobile               
          Home Park, Inc. v. Commissioner, 98 T.C. 511, 516 (1992).  Fraud            
          will never be presumed.  Id.; Beaver v. Commissioner, 55 T.C. 85,           
          92 (1970).  Fraud may, however, be proved by circumstantial                 
          evidence and inferences drawn from the facts because direct proof           
          of a taxpayer’s intent is rarely available.  Niedringhaus v.                
          Commissioner, 99 T.C. 202, 210 (1992).  The taxpayer’s entire               
          course of conduct may establish the requisite fraudulent intent.            
          Stone v. Commissioner, 56 T.C. 213, 223-224 (1971).  Fraudulent             
          intent may be inferred from various kinds of circumstantial                 
          evidence, or “badges of fraud”, including the consistent                    
          understatement of income, inadequate records, failure to file tax           
          returns, implausible or inconsistent explanations of behavior,              
          concealing assets, and failure to cooperate with tax authorities.           
          Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986),                






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