Lance Brown - Page 8

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               Fraud is never to be imputed or presumed.  However, "its               
          proof may depend to some extent upon circumstantial evidence, and           
          may rest upon reasonable inferences properly drawn from the                 
          evidence of record."  Stone v. Commissioner, 56 T.C. 213, 224               
          (1971); see Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983);              
          Stephenson v. Commissioner, 79 T.C. 995, 1006 (1982), affd. 748             
          F.2d 331 (6th Cir. 1984).                                                   
               Courts have developed several objective "badges" of fraud.             
          Recklitis v. Commissioner, 91 T.C. 874, 910 (1988).  These badges           
          of fraud include:  (1) Dealings in cash; (2) inadequate records;            
          (3) concealment of assets; (4) understatement of income; and                
          (5) failure to cooperate with tax authorities.  Bradford v.                 
          Commissioner, 796 F.2d 303, 307-309 (9th Cir. 1986), affg. T.C.             
          Memo. 1984-601; Recklitis v. Commissioner, supra at 910; Paschal            
          v. Commissioner, T.C. Memo. 1994-380, affd. without published               
          opinion    F.3d    (3d Cir., Oct. 4, 1995).                                 
               Petitioner concedes that he underreported his Federal income           
          taxes for 1986 and 1987.  Thus, we need only decide whether                 
          petitioner’s underreporting was due to fraudulent intent.                   
               Petitioner argues that his underreporting in tax was not               
          intentional and that it was caused by carelessness of his tax               
          return preparers.  In addition, petitioner argues that                      
          respondent’s revenue agent improperly examined his Federal income           
          tax return and his books and records for 1986 three separate                
          times without giving the written notice required by section                 




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