John Van Heemst - Page 33

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          only with respect to that year.  Respondent must show that                  
          petitioner intended to evade taxes known or believed to be owing            
          by conduct intended to conceal, mislead, or otherwise prevent the           
          collection of taxes.  Korecky v. Commissioner, 781 F.2d at 1568;            
          Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968);             
          Webb v. Commissioner, 394 F.2d at 377; Rowlee v. Commissioner, 80           
          T.C. 1111, 1123 (1983).  Fraud is not to be imputed or presumed,            
          but rather must be established by some independent evidence of              
          fraudulent intent.  Beaver v. Commissioner, 55 T.C. 85, 92                  
          (1970); Otsuki v. Commissioner, 53 T.C. 96, 106 (1969).  However,           
          fraud need not be established by direct evidence, which is rarely           
          available, but may be proved by surveying the taxpayer’s entire             
          course of conduct and drawing reasonable inferences therefrom.              
          Spies v. United States, 317 U.S. 492, 499 (1943); Korecky v.                
          Commissioner, supra at 1568; Rowlee v. Commissioner, supra at               
          1123; Stephenson v. Commissioner, 79 T.C. 995, 1006 (1982), affd.           
          748 F.2d 331 (6th Cir. 1984).  Although fraud may not be found              
          under "circumstances which at the most create only suspicion",              
          Petzoldt v. Commissioner, 92 T.C. at 700, the intent to defraud             
          may be inferred from any conduct the likely effect of which would           
          be to conceal, mislead, or otherwise prevent the collection of              
          taxes believed to be owing, Spies v. United States, supra at 499.           
               Courts have relied on a number of indicia or badges of fraud           
          in deciding whether to sustain the Commissioner’s determinations            
          with respect to the additions to tax for fraud.  Although no                




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