- 43 - (v) Failure to file tax returns Petitioner's failure to file tax returns in 1986 or 1987 serves as yet another indicator of fraud. Bradford v. Commissioner, 796 F.2d at 307-308. Petitioner's admitted understanding that he was obliged to file returns during those years reinforces the strength of this badge of fraud. (vi) Failure to cooperate with tax authorities Failure to cooperate with tax authorities is a badge of fraud. Zell v. Commissioner, 763 F.2d 1139, 1145-1146 (10th Cir. 1985) (taxpayer's open defiance of tax laws helped establish his intent to commit tax fraud), affg. T.C. Memo. 1984-152; Powell v. Granquist, 252 F.2d 56, 61 (9th Cir. 1958) (taxpayer's open defiance of tax laws helped establish his intent to commit tax fraud). By contrast, a taxpayer's active cooperation may be a factor in finding no fraud. Jones v. Commissioner, 259 F.2d 300, 303 (5th Cir. 1958) (taxpayer's cooperation by making his books readily available to authorities was one factor in finding no fraud), revg. and remanding 25 T.C. 1100 (1956); Chin v. Commissioner, T.C. Memo. 1994-54 (showing of cooperation by trying to correct past mistakes was one indication that there was no fraud). In this instance, petitioner deliberately failed to cooperate with the Government during the course of his audit for 1986 and 1987, albeit at his counsel's advice. Reliance on an attorney or another tax preparer may constitute a defense against fraud if the taxpayer relied uponPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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