Beverly D. Goings - Page 13

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               Fraudulent intent may be inferred from various "badges of              
          fraud," including understatement of income, implausible or                  
          inconsistent explanations of behavior, concealing assets, and               
          failure to cooperate with tax authorities.  See Bradford v.                 
          Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo.           
          1984-601; Webb v. Commissioner, supra at 379; Marcus v.                     
          Commissioner, 70 T.C. 562, 577 (1978), affd. without published              
          opinion 621 F.2d 439 (5th Cir. 1980).  A taxpayer's                         
          sophistication, education, and intelligence may be considered in            
          determining whether or not he or she had fraudulent intent.                 
          Halle v. Commissioner, 175 F.2d 500, 503 (2d Cir. 1949), affg. 7            
          T.C. 245 (1946); Niedringhaus v. Commissioner, 99 T.C. 202, 211             
          (1992).  The taxpayer's evasiveness on the stand, inconsistencies           
          in his or her testimony, and the lack of credibility of such                
          testimony are factors in considering the fraud issue.  Bradford             
          v. Commissioner, supra; Toussaint v. Commissioner, 743 F.2d 309,            
          312 (5th Cir. 1984), affg. T.C. Memo. 1984-25.                              
               Following a careful review of the record, we conclude that             
          respondent has failed to satisfy her burden with respect to this            
          issue.  Although respondent has clearly and convincingly                    
          established that an underpayment exists with respect to each                
          taxable year at issue, she has not clearly and convincingly                 
          established that a portion of any such underpayment was due to              
          petitioner's fraud.  The four indicia of fraud cited by                     
          respondent do little more than suggest that petitioner may have             




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