- 16 - file income tax returns; (3) dealing in cash; (4) transferring or otherwise concealing funds; (5) petitioner's lack of cooperation with tax authorities. We use these badges, which are illustrative only, as tools in considering the totality of the facts and circumstances, which in this case includes Mark's admitted illegal drug abuse, to determine the existence of fraudulent intent. King's Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 516 (1992). Evidence of emotional or substance abuse problems can rebut evidence of fraudulent intent, either by showing that it prevented the taxpayer from forming the requisite intent, Hollman v. Commissioner, 38 T.C. 251, 259-260 (1962) ("considerable psychiatric evidence" of a severe psychosis overcame other evidence showing taxpayer's "astuteness and awareness of matters" and participation in "intricate financial operations during the tax years"), supplemented by T.C. Memo. 1962-236, or as part of a larger pattern of facts and circumstances that does not present clear and convincing evidence to the court. Gutierrez v. Commissioner, T.C. Memo. 1995-252 (combination of alcoholism, lax record-keeping, and cooperation with IRS indicated lack of fraudulent intent), affd. in part and revd. and remanded on other issues without published opinion 105 F.3d 651 (5th Cir. 1996). In other cases, this Court has used the presence of compelling evidence of a taxpayer's acts to mislead and conceal to find fraud, despite evidence of mental illness, YarbroughPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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