- 15 - 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 lifePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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