James Luther Cochrane - Page 18

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               Respondent must also show that petitioner intended to evade            
          taxes known to be owing by conduct designed to conceal, mislead,            
          or otherwise prevent the collection of taxes.  Stoltzfus v.                 
          United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Rowlee v.                
          Commissioner, 80 T.C. 1111, 1123 (1983).  The existence of fraud            
          is a question of fact to be resolved upon consideration of the              
          entire record.  Gajewski v. Commissioner, 67 T.C. 181, 199                  
          (1976), affd. without published opinion 578 F.2d 1383 (8th Cir.             
          1978).  Fraud is never imputed or presumed.  Instead, it must be            
          affirmatively established by the Commissioner with clear and                
          convincing evidence.  Beaver v. Commissioner, 55 T.C. 85, 92                
          (1970).  Since direct proof of a taxpayer's intent is rarely                
          available, fraud may be proven with circumstantial evidence and             
          reasonable inferences drawn from established facts.  Spies v.               
          United States, 317 U.S. 492, 500 (1943); Rowlee v. Commissioner,            
          supra at 1123.                                                              
               Petitioner understated his taxable income for 1983 through             
          1985 and failed to file a return altogether for taxable year                
          1986.  Such conduct constitutes strong evidence of fraud.  Otsuki           
          v. Commissioner, 53 T.C. 96, 107-108 (1969); Adams v.                       
          Commissioner, T.C. Memo. 1990-38.  On the tax returns that he did           
          file, petitioner falsely stated that his income was excludable              
          because he resided outside the United States.  When interviewed             
          by IRS special agents concerning his Federal income tax                     
          liabilities for the years in issue, petitioner stated that he was           




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