- 22 - 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) UnderstatementPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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