- 30 - intent to mislead which may be inferred from a pattern of conduct, (9) lack of credibility of the taxpayer's testimony, (10) filing false documents, and (11) dealing in cash. See Douge v. Commissioner, 899 F.2d 164, 168 (2d Cir. 1990); Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Recklitis v. Commissioner, 91 T.C. 874, 910 (1988). Although no single factor is necessarily sufficient to establish fraud, the combination of a number of factors constitutes persuasive evidence. Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. per curiam T.C. Memo. 1982-603. We note that some conduct and evidence can be classified under more than one factor. The sophistication, education, and intelligence of the taxpayer are relevant to this determination. Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992). a. Petitioners' Sophistication and Experience Mr. McGirl attempts to counter evidence of fraud with the defense that he had no accounting or bookkeeping training and was ignorant as to all recordkeeping and tax reporting requirements. We are not impressed with Mr. McGirl's attempt to characterize himself as an inexperienced and unknowledgeable business person. Mr. McGirl has a college education. He operated a restaurant before petitioners started the Yogurt Station. The record shows that he managed to accumulate more than $112,000 in savings in just 3 years of the Yogurt Station's operation. Even if we were to believe in Mr. McGirl's naivete, which we do not, the recordPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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