Kondamodi S. Rao and B. Satyaveni Rao - Page 19

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          d.  Intent To Mislead                                                       
               Misleading statements to an investigating agent may be                 
          evidence of fraud.  Gajewski v. Commissioner, supra at 200.                 
          Dr. Rao did mislead the IRS agents when he told them that he                
          received no income directly from patients and that all of his               
          income was from insurance companies or third party providers.               
          e.  Credibility of Dr. Rao's Testimony                                      
               A taxpayer's lack of credibility, inconsistent testimony, or           
          evasiveness are factors in considering the fraud issue.                     
          Toussaint v. Commissioner, 743 F.2d at 312.  Dr. Rao's testimony            
          was basically consistent and credible.  Even if Dr. Rao's                   
          testimony is not credible in all respects, we may still be left             
          with no more than a suspicion of fraud.  See Jenkins v.                     
          Commissioner, T.C. Memo. 1995-563.                                          
          f.  Other Factors                                                           
               Dr. Rao provided his accountant, Mr. Raclaw, with all of the           
          information necessary to compute gross income for his Schedule C            
          business.  A taxpayer's reliance upon his accountant to prepare             
          accurate returns may indicate an absence of fraudulent intent.              
          Marinzulich v. Commissioner, 31 T.C. 487, 490 (1958).  However,             
          the taxpayer must provide his accountant "with all of the data              
          necessary for maintaining complete and accurate records".                   
          Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg.           
          T.C. Memo. 1959-172.  Dr. Rao willingly provided Mr. Raclaw with            






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