Anthony and Linda Walters - Page 23

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          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 with            




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