-38- Cir. 1984). The courts have developed a number of objective indicators or "badges" of fraud. Recklitis v. Commissioner, 91 T.C. 874, 910 (1988). Several badges of fraud are present in this case: (a) Substantially underreporting income for several years; (b) receiving income from illegal sources; (c) maintaining inadequate records; (d) destroying records; (e) providing incomplete or false information to the tax return preparer; (f) filing false payroll tax returns; (g) giving implausible or inconsistent explanations of behavior; and (h) using cash and cashier's checks extensively. Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Ruark v. Commissioner, 449 F.2d 311, 312-313 (9th Cir. 1971), affg. T.C. Memo. 1969-48. a. Pattern of Large Understatements of Income Consistently underreporting income for several years, especially with discrepancies of 100 percent or more between net income and net income reported on tax returns, is a badge of fraud. Holland v. United States, supra at 137-139; Estate of Mazzoni v. Commissioner, 451 F.2d 197, 202 (3d Cir. 1971), affg. T.C. Memo. 1970-37 and T.C. Memo. 1970-144. Petitioners reported income of $38,334 in 1983, $37,161 in 1984, $94,187 in 1985, $32,873 in 1986, and $6,720 in 1987. They underreported their income by $82,961 in 1983, $45,598 in 1984, $8,608 in 1985, $60,788 in 1986, and $29,822 in 1987. They both knew that theyPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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