- 11 - The existence of fraud is a question of fact to be resolved upon consideration 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 will never be presumed. Beaver v. Commissioner, 55 T.C. 85, 92 (1970). Fraud may be proved, however, by circumstantial evidence because direct proof of the taxpayer's intent is rarely available. The taxpayer's entire course of conduct may establish the requisite fraudulent intent. Spies v. United States, 317 U.S. 492, 499 (1943); Stone v. Commissioner, 56 T.C. 213, 223-224 (1971); Otsuki v. Commissioner, 53 T.C. 96, 105-106 (1969). The following facts that indicate fraud in this case have been established by clear and convincing evidence: (1) Petitioner's misappropriation of funds from Zebrowski (see, e.g., Solomon v. Commissioner, T.C. Memo. 1982-603, affd. 732 F.2d 1459 (6th Cir. 1984)); (2) petitioner's understatement of his taxable income by failing to report the misappropriated funds on his 1988 return (see Davis v. Commissioner, supra); (3) petitioner's frequent dealings in cash (Bradford v. Commissioner, 796 F.2d 303, 308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Petzoldt v. Commissioner, 92 T.C. 661, 702 (1989)); (4) petitioner's implausible denial of the receipt of the misappropriated funds and failure to explain expenditures that far exceeded his reported income (see, e.g., Bahoric v. Commissioner, 363 F.2d 151, 153 (9th Cir. 1966), affg. T.C. Memo.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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