Benjamin and Sallie Campfield - Page 22

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          under section 7206(1) does not collaterally estop him from                  
          denying that he fraudulently understated his tax liabilities;               
          however, it is evidence to be considered by the trier of fact.              
          Wright v. Commissioner, 84 T.C. 636 (1985).                                 
               Underpayment                                                           
               When the allegations of fraud are intertwined with                     
          unreported income and reconstructed income as they are here, we             
          must be careful not to bootstrap a finding of fraud upon a                  
          taxpayer's failure to prove the Commissioner's deficiency                   
          determination erroneous.  Parks v. Commissioner, supra at 661.              
          Respondent offered prima facie evidence of petitioners' net                 
          worth.  For the reasons discussed above, we find that                       
          respondent's net worth computations established substantial                 
          amounts of unreported income and consequent underpayment of taxes           
          for 1984, 1985, and 1986.                                                   
               Fraudulent Intent                                                      
               Respondent must prove by clear and convincing evidence that            
          petitioner had fraudulent intent.  Id. at 664.  Fraud may be                
          proven by circumstantial evidence.  Stephenson v. Commissioner,             
          79 T.C. 995, 1005-1006 (1982), affd. 748 F.2d 331 (6th Cir.                 
          1984).                                                                      
               Courts have developed various factors or "badges" that tend            
          to establish fraud.  Circumstantial evidence that may give rise             
          to a finding of fraudulent intent includes:  (1) Understatement             






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