- 8 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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