- 21 -21 conduct intended to conceal, mislead, or otherwise prevent the collection of such taxes. Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). Fraud can never be presumed. Beaver v. Commissioner, 55 T.C. 85, 92 (1970). Fraud may be proven by circumstantial evidence, Stone v. Commissioner, 56 T.C. 213, 223-224 (1971), and the Court may consider the taxpayer's entire course of conduct, Rowlee v. Commissioner, supra at 1123. To prove fraud, respondent relies primarily on petitioners' failure to report the income from the grocery/convenience store business, as well as the check-kiting scheme, on their original delinquent returns or on amended returns. Respondent asserts that: (1) Petitioner did not file the delinquent returns with Revenue Officer Scilipoti in order to hide the fact that no income was reported from the grocery/convenience store business; (2) petitioner had sufficient records from his calendar of daily gross receipts and boxes of bills to calculate his net income from the grocery/convenience store business; (3) petitioner knew from his lifestyle that he had earned substantial profits from his grocery/convenience store business; and (4) petitioner knew he had income from his check-kiting scheme. Respondent's assertions are not supported by the evidence. First, we find credible petitioner's belief that he had no profits from the grocery/convenience store business and that his lack of adequate books and records prevented him from establishingPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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