- 269 - to conceal, may justify a strong inference of fraud. Parks v. Commissioner, 94 T.C. 654, 664 (1990). Over the years, courts have developed a nonexclusive list of factors that demonstrate fraudulent intent. These "badges of fraud" include: (1) Understating income, (2) maintaining inadequate records, (3) failing to file tax returns, (4) implausible or inconsistent explanations of behavior, (5) concealment of income or assets, (6) failing to cooperate with tax authorities, (7) attempting to conceal illegal activities, (8) failing to make estimated tax payments, and (9) filing false documents. 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. Several of these indicia of fraud are present herein. 1. Petitioner's Sophistication and Experience The sophistication and experience of a taxpayer are relevant in determining whether fraud exists. Stephenson v. Commissioner, supra at 1006. Petitioner was a highly intelligent, astute, and successful businessman. He was a consummate salesman. He dealt frequently with executives of major corporations and prominent Iranian officials. He was a strong negotiator. He was thoroughly familiar with his vast business operations, and he controlled them. Consequently, it is unlikely that he would not have realized that his Federal income tax liabilities werePage: Previous 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 Next
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