- 14 - Commissioner, 91 T.C. 874, 909 (1988); Stone v. Commissioner, 56 T.C. 213, 220 (1971). Funds received by a taxpayer through misappropriation or embezzlement constitute taxable income to the taxpayer. James v. United States, 366 U.S. 213, 219 (1961). Funds received as loans, however, are not properly treated as taxable income. James v. United States, supra at 219. If there exists between a taxpayer who receives funds and the provider of funds a good-faith expectation that the funds are to be repaid and an obligation to do so, the funds in the hands of the taxpayer will be treated as nontaxable loan proceeds. See Collins v. Commissioner, 3 F.3d 625, 631 (2d Cir. 1993), affg. T.C. Memo. 1992-478. Funds received by a taxpayer as an agent or conduit of a corporation are not treated as taxable income. See Lashells’ Estate v. Commissioner, 208 F.2d 430, 435 (6th Cir. 1953), affg. in part, revg. in part and remanding a Memorandum Opinion of this Court; Ishijima v. Commissioner, T.C. Memo. 1994- 353. With regard to fraudulent intent, respondent must prove that petitioner intended to evade taxes by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes. Clayton v. Commissioner, supra at 647; Parks v. Commissioner, 94 T.C. 654, 661 (1990); Hebrank v. Commissioner, 81 T.C. 640, 642 (1983). Fraud may be proven by circumstantial evidence because direct evidence of fraud is generally not available. Clayton v.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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