- 28 - concessions by petitioners, there can be no doubt that there was an underpayment of tax in each petitioner’s 1989 tax year. Thus, we must decide for each petitioner whether any portion of such underpayment was due to fraud. Id. Fraudulent intent is seldom proven by direct evidence; hence, the courts have relied on certain indirect evidence in determining whether or not fraudulent intent existed. These "badges of fraud" include: (1) Understating income; (2) keeping inadequate records; (3) failing to file tax returns; (4) providing implausible or inconsistent explanations of behavior; (5) concealing assets; and (6) failing to cooperate with tax authorities. Bradford v. Commissioner, 796 F.2d at 307. Respondent contends that in these consolidated cases all of the above-referenced badges of fraud exist, except that petitioners did not fail to file returns. Petitioners contend that respondent has not shown fraud by clear and convincing evidence and that Maynard “believed that he was entitled to a large net operating loss carryforward which would alleviate any income tax liability and that he would not be able to utilize the balance of the loss carryforward within the statutory time.” We find petitioners’ explanation to be disingenuous considering that they are tax professionals. We find that respondent has shown that each petitioner’s underpayment of tax for 1989 was due to fraud within the meaning of section 6663. We also find that petitioners have not shown that any part of the underpayments was not due to fraud.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011