Mark N. and Marla R. Kantor - Page 16

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           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, Yarbrough                               




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