Donald Ferry and Sharon Ferry - Page 20

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            basis of the entire record.  Gajewski v. Commissioner, 67 T.C.                                 
            181, 199 (1976), affd. without published opinion 578 F.2d 1383                                 
            (8th Cir. 1978).  Fraud, however, can seldom be proved by direct                               
            proof of the taxpayer's intention.  Fraud can be established by                                
            circumstantial evidence and by reasonable inferences drawn from                                
            the taxpayer's entire course of conduct.  Spies v. United States,                              
            317 U.S. 492, 499 (1943); Toussaint v. Commissioner, 743 F.2d at                               
            312; Gajewski v. Commissioner, supra at 200.                                                   
                  Courts frequently list various factors or "badges of fraud"                              
            from which fraudulent intent may be inferred.  Recklitis v.                                    
            Commissioner, 91 T.C. 874, 909 (1988).  Although such lists are                                
            nonexclusive, some of the factors this Court has considered as                                 
            indicative of fraud are (1) understatement of income, (2)                                      
            inadequate records, (3) implausible or inconsistent explanations                               
            of behavior, (4) concealment of assets, and (5) failure to                                     
            cooperate with the tax authorities.   Niedringhaus v.                                          
            Commissioner, 99 T.C. 202, 211 (1992) (citing Bradford v.                                      
            Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C.                                
            Memo. 1984-601).  These indicia are amply present here, as set                                 
            forth in the findings of fact.                                                                 
                  The taxpayer's evasiveness on the stand, inconsistencies in                              
            his testimony, and the lack of credibility of such testimony are                               
            heavily weighted factors in considering the fraud issue.                                       
            Toussaint v. Commissioner, supra at 312.  Petitioner was not                                   
            credible.  His testimony was highly inconsistent concerning his                                



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