-43- nonexclusive. Miller v. Commissioner, supra at 334. The taxpayer's background and the context of the events in question may be considered as circumstantial evidence of fraud. United States v. Murdock, 290 U.S. 389, 395 (1933); Spies v. United States, supra at 497; Plunkett v. Commissioner, 465 F.2d 299, 303 (7th Cir. 1972), affg. T.C. Memo. 1970-274. Respondent based a determination of fraud on the following general indicia: (1) Petitioner's sophistication, (2) his relationship with his return preparer, (3) his propensity to deal in cash, (4) his conduct with respondent's agent, (5) his credibility, (6) the "fraudulent" alimony deduction, and (7) a 5- year pattern of underreported income. Petitioner admits that he may have made errors in the reporting of his income, but that errors were made for and against his own interests. Further, petitioner paints himself as an unsophisticated individual who relied on professionals for the preparation of his tax returns. Although petitioner failed to claim one substantial item which was beneficial to him, the record otherwise reflects a pattern of understatement attributable to unreported income, misrepresentation, and design. Although petitioner was not specifically educated in accounting and tax matters, he was a successful and effective businessman involved in numerous real estate transactions and complex business transactions. His mistrust of lawyers andPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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