- 15 - having willfully failed to disclose that he had interests in foreign bank accounts. Although this conviction does not, in and of itself, establish a fraudulent intent, we consider the crime as evidence of fraud, especially when combined with other factors taken from the record as a whole. Petzoldt v. Commissioner, 92 T.C. 661, 701-702 (1989); McGee v. Commissioner, 61 T.C. 249, 260 (1973), affd. 519 F.2d 1121 (5th Cir. 1975). C. Conclusion We find that respondent has clearly and convincingly proven fraud on the part of petitioner for all of the years in issue, and we so hold. This conclusion is based on the record as a whole and reasonable inferences therefrom, taking into account our determination as to the credibility of petitioner and the other witnesses presented at trial. Petitioner has failed to show that any portion of the underpayment was not due to fraud. Therefore, we sustain respondent's determination that Dr. Kalo is liable for the fraud additions for 1986 through 1988 and for the fraud penalty for 1989. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011