Lawrence J. Polidori - Page 21

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          liabilities were consistently and substantially underreported for           
          each year at issue.                                                         
          2. Consistent and Substantial Understatements of Income.                    
               Consistent and substantial understatements 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 the inference of fraud.                 
          Holland v. United States, 348 U.S. 121, 137 (1954).                         
               This case involves a 7-year period during which petitioner             
          failed to report interest earned on his foreign bank account.               
          Moreover, the amount of unreported income for each year at issue            
          is substantial in comparison with the amount of gross income                
          petitioner reported for such years.  The following table                    
          illustrates the omitted interest income as a percentage of                  
          petitioner's reported gross income:                                         
               Year       Percentage of Income                                        
               1980             19.68                                                 
               1981           47.43                                                   
               1982           55.38                                                   
               1983           42.56                                                   
               1984           29.13                                                   
               1985           87.82                                                   
               1986           55.06                                                   
              1Petitioner also did not report a short-term capital gain of           
               $13,117.23 in 1980.  The figure in the table above does not            
               include the omitted short-term gain.                                   

          Such failure to report substantial amounts of income over a                 
          number of years is effective evidence of fraud.  Marcus v.                  



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