David Daniel and Annette Daniel - Page 19

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            Clayton v. Commissioner, supra at 647.  Direct evidence of the                               
            requisite fraudulent intent is seldom available, but fraud may be                            
            proved by examining circumstantial evidence indicative of the                                
            taxpayer's motives.  Recklitis v. Commissioner, 91 T.C. 874, 910                             
            (1988).  Over the years, courts have developed various factors,                              
            or "badges", which tend to establish the existence of fraud.  See                            
            Clayton v. Commissioner, supra at 647.                                                       
                  Respondent relies primarily on the allegations of Mr.                                  
            Rabassa, who claims that Mrs. Daniel asked him to fabricate                                  
            deductions on her 1992 return.  At trial, we had the opportunity                             
            to observe Mr. Rabassa's demeanor and find his testimony to be                               
            completely discreditable.  Mr. Rabassa's motivation for making                               
            such false accusations apparently stems from his inability to                                
            adjust to his lower entry level position with the IRS after                                  
            occupying a high level management position in the banking                                    
            industry.                                                                                    
                  Moreover, we are unpersuaded by respondent's attempt to                                
            bootstrap the disputed accusations of Mrs. Daniel's disgruntled,                             
            subordinate worker into a broad assertion of fraud against an                                
            employee who is acknowledged to have a reputation for honesty and                            
            fairness, as testified to by her co-worker Martha Brookes.  We                               
            find that Mrs. Daniel's reliance upon Mr. Rabassa's advice was                               
            certainly an error in her judgment, but does not support a                                   
            finding of fraudulent intent to evade tax believed to be due and                             
            owing.                                                                                       




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