- 22 - otherwise prevent the collection of taxes. Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). When fraud is determined for more than 1 taxable year, the Commissioner must show that an underpayment exists and that some part of the underpayment was due to fraud for each year. Otsuki v. Commissioner, 53 T.C. 96, 105 (1969). The existence of fraud is a factual question to be determined upon a consideration of the entire record. Grosshandler v. Commissioner, supra at 19. Fraud cannot be presumed or imputed but must be established by clear and convincing evidence. Id. at 19. Fraud cannot be found if the circumstances only create a suspicion of its existence. Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989). Because direct proof of a taxpayer's intent is rarely available, fraud may be proved by circumstantial evidence. Spies v. United States, 317 U.S. 492 (1943). Fraud may be properly inferred where a taxpayer's entire course of conduct establishes the requisite fraudulent intent. Kotmair v. Commissioner, 86 T.C. 1253, 1260 (1986). The intent to conceal or mislead may be inferred from a pattern of conduct. See Spies v. United States, supra at 499; Guinan v. Commissioner, T.C. Memo. 1991-190. Courts rely on a number of indicia of fraud when they decide civil tax fraud cases. Edwards v. Commissioner, T.C. Memo. 1995- 77. Although no single factor is necessarily sufficient to establish fraud, the existence of several indicia is persuasivePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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