Charles E. Campbell - Page 15

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            2.  Fraudulent Intent                                                                        
                  Under section 6653(b)(1)(A) for 1987, section 6653(b)(1) for                           
            1988, and section 6651(f) for 1989, respondent must show that                                
            petitioner intended to conceal, mislead, or otherwise prevent the                            
            collection of taxes.  Stoltzfus v. United States, supra at 1004;                             
            Webb v. Commissioner, 394 F.2d 366, 377 (5th Cir. 1968), affg.                               
            T.C. Memo. 1966-81; Rowlee v. Commissioner, supra at 1123.                                   
            Because direct proof of a taxpayer's intent is rarely available,                             
            fraud may be proven by circumstantial evidence, and reasonable                               
            inferences may be drawn from the relevant facts.  Spies v. United                            
            States, supra at 499; Stephenson v. Commissioner, 79 T.C. 995,                               
            1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984); Collins v.                                  
            Commissioner, T.C. Memo. 1994-409.                                                           
                  Because matters deemed admitted pursuant to Rule 90 are                                
            conclusively established and may be sufficient to support the                                
            granting of a motion for summary judgment, respondent may                                    
            establish fraud by relying on petitioner's deemed admissions.                                
            Marshall v. Commissioner, 85 T.C. 267, 272-273 (1985); Morrison                              
            v. Commissioner, 81 T.C. 644, 651 (1983); Doncaster v.                                       
            Commissioner, 77 T.C. 334, 336 (1981).  Petitioner is deemed to                              
            have admitted under Rule 90(c) that                                                          
                  34.  [Petitioner's] failure to file a federal income tax                               
            return for each of the taxable years 1987, 1988, and 1989, was                               
            fraudulent with the intent to evade the payment of taxes on                                  
            taxable income earned in each respective year.                                               
                  35.  [Petitioner] failed to maintain complete and adequate                             
            records of the activities [he] conducted in cash during the                                  




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