- 12 - told Roberts that his books and records were in Mexico. Later, he told Roberts that his books and records had been stolen. d. Engaging in Illegal Activities Engaging in illegal activities is evidence that the taxpayer intends to evade tax. Bradford v. Commissioner, supra at 308; see Patton v. Commissioner, supra (income from illegal activities is a badge of fraud). Petitioner engaged in illegal drug activities during the years in issue. e. Failure to Cooperate With Tax Authorities A taxpayer's failure to cooperate with the Commissioner's examining agents is a badge of fraud. Bradford v. Commissioner, supra. Petitioner did not cooperate with Roberts. 3. Conclusion Respondent has proven by clear and convincing evidence that petitioner is liable for the addition to tax and penalty for fraud. We sustain respondent's determination except for the concession for 1990, and hold that petitioner is liable for the addition to tax for fraud under section 6653(b) for 1988 and the penalty for fraud under section 6663 for 1989 and 1990 and that all of the underpayments are due to fraud. To reflect the foregoing and respondent's concession, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011