Jacob and Yehiella Kalo - Page 11

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                  a.  Petitioner's Sophistication and Experience                                          
                  Dr. Kalo was an educated person.  Additionally, he was                                  
            familiar with the tax law and had a better than average knowledge                             
            of foreign investments.   Petitioner's knowledge in this area is                              
            sufficient that we believe petitioner knew enough to, at a                                    
            minimum, ask for tax advice regarding foreign interest.  We find                              
            that Dr. Kalo did not inform his accountant or his financial                                  
            advisor of his foreign bank accounts and that this failure to                                 
            inform, from a taxpayer with petitioner's sophistication,                                     
            indicates fraud.                                                                              
                  b.  Consistent and Substantial Understatements of Income                                
                  The mere failure to report income is not sufficient to                                  
            establish fraud.  Merritt v. Commissioner, 301 F.2d 484, 487 (5th                             
            Cir. 1962), affg. T.C. Memo. 1959-172; Parks v. Commissioner,                                 
            supra at 664.  However, consistent and substantial understatement                             
            of income may be strong evidence of fraud.  Marcus v.                                         
            Commissioner, 70 T.C. 562, 577 (1978), affd. without published                                
            opinion 621 F.2d 439 (5th Cir. 1980).  Moreover, a pattern of                                 
            consistent underreporting of income, when accompanied by other                                
            circumstances indicating an intent to conceal income, justifies                               
            an inference of fraud.  Holland v. United States, 348 U.S. 121,                               
            137 (1954).  Petitioners argue that during the years in issue                                 
            they reported and paid, on their original income tax returns,                                 
            over 94 percent of their tax liability and that this indicates                                






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