Thomas L. and Laura L. Gordon - Page 15

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          Commissioner, 394 F.2d 366, 377 (5th Cir. 1968), affg. T.C. Memo.           
          1966-81.                                                                    
               Fraudulent intent may be inferred from various kinds of                
          circumstantial evidence, or "badges of fraud", including an                 
          understatement of income, dealings in cash, and implausible or              
          inconsistent explanations of behavior.  Bradford v. Commissioner,           
          796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601;               
          Meier v. Commissioner, 91 T.C. 273, 297-298 (1988).                         
               The record in this case is replete with evidence of                    
          petitioners' fraudulent intent.  Petitioners understated their              
          income in 1986.  They deposited large amounts of cash and made              
          large expenditures of cash.  Moreover, petitioners' explanation             
          of the source of the cash deposits and cash payments is                     
          implausible; their claims of a cash hoard and other trial                   
          testimony are unsupported and not worthy of belief.                         
               Respondent has proven by clear and convincing evidence an              
          underpayment of tax due to fraud for 1986.  Petitioners have not            
          proven that the amount determined by respondent is incorrect or             
          that any part of the underpayment is not attributable to fraud.             
          See sec. 6653(b)(2).                                                        
               Petitioners contend that we should consider the                        
          constitutional concept of double jeopardy in reaching our                   
          decision regarding the fraud addition to tax.  The Fifth                    
          Amendment to the Constitution provides in part:  "No person shall           
          * * * for the same offence * * * be twice put in jeopardy of life           




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