Stanley P. Zurn - Page 43

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          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 and                 






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