- 16 - taxable years 1987, 1988, and 1989, with the intent to evade the payment of taxes on such business transactions in each respective year. 36. [Petitioner] failed to produce any records of [his] business or personal activities for respondent during the examination of [his] income tax liabilities for the taxable years 1987, 1988, and 1989. 37. [Petitioner's] failure to produce any records of [his] business or personal activities for respondent during the examination of [petitioner's] income tax liabilities for the taxable years 1987, 1988, and 1989 was fraudulent with the intent to evade the payment of taxes for each respective year. In support of a finding of fraud, courts have relied on a number of indicia of fraud in deciding section 6653(b) and section 6651(f) cases. Indicia of fraud include: (1) A pattern of understatement of income, (2) maintaining inadequate books and records, (3) failing to file tax returns, (4) giving implausible or inconsistent explanations of behavior, (5) concealing assets, (6) failing to cooperate with taxing authorities, (7) engaging in illegal activities, (8) attempting to conceal illegal activities, (9) dealing in cash, and (10) failing to make estimated tax payments. Recklitis v. Commissioner, 91 T.C. 874, 910 (1988). Although no single factor is necessarily dispositive on the issue of fraud, the existence of several indicia is persuasive circumstantial evidence. Petzoldt v. Commissioner, 92 T.C. at 700. Respondent argues that through the deemed admissions fraud is clearly and convincingly established by petitioner's conduct of dealing in cash, petitioner's failure to file tax returns and report income earned, and petitioner's failure toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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