- 11 - Courts have relied on a number of indicia of fraud, and the existence of several factors is persuasive circumstantial evidence of fraud. Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. T.C. Memo. 1982-603. The factors relevant here are: (1) Substantial understatements of income; (2) dealing in excessive amounts of cash; (3) maintenance of inadequate records; and (4) implausible or inconsistent explanations of behavior. Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601. Upon examination of the entire record, we conclude that petitioner's underpayment of Federal income taxes for 1989, 1990, and 1991 is attributable to fraud. Petitioner substantially understated his taxable income on the original Federal income tax returns filed for each of the years in issue. Such consistent and substantial understatement of income constitutes strong evidence of fraudulent intent. Grudin v. Commissioner, 536 F.2d 295, 296 (9th Cir. 1976), affg. T.C. Memo. 1974-251; Ruark v. Commissioner, 449 F.2d 311, 313 (9th Cir. 1971), affg. T.C. Memo. 1969-48; Otsuki v. Commissioner, supra at 107-108; see also Rogers v. Commissioner, 111 F.2d 987, 989 (6th Cir. 1940), affg. 38 B.T.A. 16 (1938) (held that discrepancies of 100 percent and more between real net income and the reported income for 3 successive years strongly evidence an intent to defraud the Government). We are mindful that fraud cannot be inferred from a mere inadvertent understatement of income. Holland v. United States, 348 U.S.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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