- 10 - sufficient to establish fraud, the combination of a number of factors constitutes persuasive evidence. Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. per curiam T.C. Memo. 1982-603. We note that some conduct and evidence can be classified under more than one factor. 1. Mr. Welker's Sophistication and Experience Mr. Welker was an office manager/loan officer for a finance company. He had a high school education and no formal training in tax return preparation or accounting. Mr. Welker, however, knew to deduct Social Security and withholding taxes from the amounts he paid himself from Miller-Senate. Additionally, he informally asked Miller-Senate's accountant some questions about tax return preparation. 2. Consistent and Substantial Understatements of Income The mere failure to report income is not sufficient to establish fraud. Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172. Consistent and substantial understatement of income, however, may be strong evidence of fraud when coupled with other circumstances. Marcus v. Commissioner, 70 T.C. 562, 577 (1978), affd. without published opinion 621 F.2d 439 (5th Cir. 1980). A pattern of consistent underreporting of income, when accompanied by other circumstances indicating an intent to conceal income, may justify the inferencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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