Jacob and Yehiella Kalo - Page 9

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            burden through affirmative evidence because fraud is never                                    
            imputed or presumed.  Beaver v. Commissioner, 55 T.C. 85, 92                                  
            (1970).  A taxpayer's entire course of conduct can be indicative                              
            of fraud.  Stone v. Commissioner, 56 T.C. 213, 223-224 (1971);                                
            Otsuki v. Commissioner, 53 T.C. 96, 105-106 (1969).  Furthermore,                             
            a taxpayer's fraudulent original return is not purged by the                                  
            filing of a subsequent amended return.  Badaracco v.                                          
            Commissioner, 464 U.S. 386, 394 (1984).                                                       
            A.  Underpayment of Tax                                                                       
                  Petitioners admitted in their amended returns that they had                             
            underreported, in their original returns, interest income from                                
            foreign banks for each year in issue.  Although the filing of                                 
            those amended returns is not an admission of fraudulent intent,                               
            it is an admission of an underpayment of tax for each of those                                
            years.  See id. at 399.                                                                       
            B.  Fraudulent Intent                                                                         
                  Next, respondent must prove that a portion of such                                      
            underpayment for each taxable year was due to fraud.                                          
            Professional Servs. v. Commissioner, 79 T.C. 888, 930 (1982).                                 
            Fraud may be proved by circumstantial evidence because direct                                 
            proof of the taxpayer's intent is rarely available.  The                                      
            taxpayer's entire course of conduct may establish the requisite                               
            fraudulent intent.  Stone v. Commissioner, 56 T.C. 213, 223-224                               
            (1971).                                                                                       






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