- 19 - persuasive evidence. Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. per curiam T.C. Memo. 1982-603. Some conduct and evidence can be classified under more than one factor. A taxpayer's intelligence, education, and tax expertise are also relevant in determining fraudulent intent. See Stephenson v. Commissioner, 79 T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984); Iley v. Commissioner, 19 T.C. 631, 635 (1952). Applying the aforementioned criteria, as set out below, we conclude that petitioners underreported their income for 1990 with the intention to evade income tax on $990,000 and are therefore liable for a penalty under section 6663. 1. Understatement of Income Petitioners assert that they are not liable for the civil fraud penalty because there is no "pattern of underreporting" income. Respondent acknowledges that the evidence does not demonstrate such a pattern. Nevertheless, she contends that a pattern of underreporting is not a sine qua non for the imposition of the civil fraud penalty. We agree with respondent that she may assert such a penalty where a taxpayer fails to report income, even for only 1 year, with the intention of evading tax due on that income. In Mitchell v. Commissioner, T.C. Memo. 1994-242, the Court examined facts relating to a corporate taxpayer and an officer. Acting for the corporation, the officer sold its airplane and diverted the sales proceeds to a Swiss bank account. Neither thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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