- 23 - evidence of fraud. Johnson v. Commissioner, T.C. Memo. 1993-227. These indicia or badges of fraud include: (1) Understating income; (2) maintaining inadequate records; (3) giving implausible or inconsistent explanations of behavior; (4) concealing assets; and (5) dealing in cash. Meier v. Commissioner, 91 T.C. 273 (1988); Bragg v. Commissioner, T.C. Memo. 1993-479. These badges of fraud are nonexclusive. Miller v. Commissioner, supra at 334. Both the taxpayer's background and the context of the events in question may be considered as circumstantial evidence of fraud. Spies v. United States, supra at 497. However, the mere failure to report income is not sufficient to establish fraud. Rowlee v. Commissioner, supra at 1123. On the other hand, consistent and substantial understatements of large amounts of taxable income over a period of years have been held to be strong evidence of fraud. Smith v. Commissioner, 32 T.C. 985, 987 (1959). Considering petitioner's entire course of conduct, the record provides us with ample basis for finding that the underpayment of tax for each taxable year at issue is due to fraud on the part of petitioner. See Kotmair v. Commissioner, supra at 1260. Respondent has shown the existence of multiple indicia of fraud. Petitioners concede that they underreported income resulting in underpayments of tax for each taxable year at issue. The unreported income in each year is most conspicuous here withPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011