Kondamodi S. Rao and B. Satyaveni Rao - Page 17

                                       - 17 -                                         
          tax authorities, (7) engaging in illegal activities, (8) an                 
          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 and not all badges are                
          applicable in every case.  The sophistication, education, and               
          intelligence of the taxpayer are relevant to this determination.            
          Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992).                      
          a.  Petitioner's Sophistication and Experience                              
               Dr. Rao is a medical doctor and also manages the medical               
          center.  He has no experience in accounting or tax return                   
          preparation.  Based upon these facts, we shall not hold Dr. Rao             
          to either a higher or lower standard while evaluating his                   
          actions.                                                                    
          b.  Consistent and Substantial Understatements of Income                    
               The mere failure to report income is not sufficient to                 
          establish fraud.  Merritt v. Commissioner, 301 F.2d 484, 487 (5th           




Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011