- 26 - 664. Certain indicia of fraud help us decide the existence of fraud; the presence of several indicia may be persuasive circumstantial evidence of fraud. These "badges of fraud" include: (1) The filing of false documents; (2) understatement of income; (3) maintenance of inadequate records; (4) implausible or inconsistent explanations of behavior; (5) concealment of assets; (6) failure to cooperate with tax authorities; (7) engaging in an illegal activity; (8) attempting to conceal the illegal activity; and (9) dealing in cash. Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989). Based on our careful review of the record, we conclude that respondent has clearly and convincingly proven the requisite fraudulent intent in each of petitioners' relevant years. Petitioners' clear pattern of intentional underreporting of taxable income, coupled with their two sets of books and lack of recordkeeping, leads to a particularly strong inference of fraud. We also consider it significant that the Lees and Hamalee (through Mr. Lee) pleaded guilty to State income tax violations. Although this conviction does not, in and of itself, establish a fraudulent intent, we consider the crime evidence of a propensityPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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