Patricia G. McCulley - Page 10

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          Commissioner, 75 T.C. 1, 20 (1980); the filing of false                     
          documents, Stephenson v. Commissioner, 79 T.C. 995, 1007 (1982),            
          affd. 748 F.2d 331 (6th Cir. 1984); understatement of income,               
          inadequate records, failure to file tax returns, implausible or             
          inconsistent explanations of behavior, concealment of assets, and           
          failure to cooperate with tax authorities. Bradford v.                      
          Commissioner, 796 F.2d 303 (9th Cir. 1986), affg. T.C. Memo.                
          1984-601; Korecky v. Commissioner, supra.                                   
               The taxpayer's education and sophistication are also                   
          relevant to the determination of fraud.  Halle v. Commissioner,             
          175 F.2d 500, 503 (2d Cir. 1949), affg. 7 T.C. 245 (1946);                  
          Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992).                      
               Petitioner admits that she failed to report income of                  
          $57,470 in 1984 and $18,524 in 1985.  Accordingly, pursuant to              
          section 6653(b)(1), respondent has proven that an underpayment of           
          tax exists for each of the years in issue.  Thus, we now must               
          decide whether petitioner intended to conceal, mislead, or                  
          otherwise prevent the collection of such taxes.  Rowlee v.                  
          Commissioner, 80 T.C. at 1123, and cases cited therein.                     
               Petitioner testified that she did not know, until the IRS              
          investigation began, that embezzlement income was taxable, and at           
          that point she cooperated fully with respondent.  Respondent                
          points to petitioner's failing to report the embezzlement income,           
          withholding bank records from tax preparers and respondent, and             
          refusing to sign an amended return reporting the embezzled funds,           




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