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United States, 317 U.S. 492, 499 (1943); Stoltzfus v. United
States, 398 F.2d 1002, 1005 (3d Cir. 1968); Webb v. Commissioner,
394 F.2d 366, 377 (5th Cir. 1968), affg. T.C. Memo. 1966-81;
Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).
Because matters deemed admitted pursuant to Rule 90 are
conclusively established and may be sufficient to support the
granting of a motion for summary judgment, respondent may
establish fraud by relying on petitioner's deemed admissions.
Marshall v. Commissioner, supra at 272-273; Morrison v.
Commissioner, 81 T.C. 644, 651 (1983); Doncaster v. Commissioner,
77 T.C. 334, 336 (1981). Petitioner is deemed to have admitted
under Rule 90(c) that:
16. [he] omitted all of his income in the amounts
of $1,100,411.00 received in 1984 and $1,905,387.00
received in 1985 from the investment scheme, from his
1984 and 1985 income tax returns, respectively, and
filed these returns with the fraudulent intent to evade
the tax due on that income.
* * * * * * *
[18]. [t]he deficiencies in income tax for the
taxable years 1984 and 1985 are due, in whole or in
part, to the petitioner's fraudulent intent to evade
income tax.
[19]. [a] part of the underpayment of the tax
required to be shown on the petitioner's income tax
returns for each of the years 1984 and 1985 is due to
fraud.
Courts have relied on a number of indicia of fraud in
deciding section 6653(b) cases. Indicia of fraud include:
(1) A pattern of understatement of income, (2) maintaining
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