- 27 - also cashed third-party checks at a grocery store in Bridgeport, Connecticut, during the taxable years 1984 through 1986. There is no explanation or accounting by petitioner for this unorthodox use of third-party checks. Courts have also considered the educational level and sophistication of the taxpayer. Grosshandler v. Commissioner, 75 T.C. 1, 19 (1980). Petitioner argues that because his education did not proceed beyond the seventh grade, and because he is "cognitively limited" with a verbal IQ of 82 and a performance IQ of 76, he is incapable of committing fraud. The scope and extent of his business activities, which included a farm, rental real estate, a cafe and bar, and a convenience store, and his apparent financial success belie that argument. See, e.g., Estate of Temple v. Commissioner, 67 T.C. 143, 162 (1976), in which we found fraud, noting that the taxpayer's "limited formal education did not prevent him from realizing substantial amounts of income". Considering the record taken as a whole and reasonable inferences therefrom, we conclude that petitioner intended to evade taxes known to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes, and that the entire underpayments are attributable to fraud.Page: 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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