Albert C. Johnson - Page 18

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          (3) giving implausible or inconsistent explanations of behavior;            
          (4) concealing  assets;  (5)  failing  to  cooperate  with  tax             
          authorities; (6) engaging in illegal activities; (7) attempting to          
          conceal illegal activities; (8) dealing in cash; and (9) failing to         
          make estimated tax payments.  Recklitis v. Commissioner, 91 T.C.            
          874, 910 (1988).  These "badges of fraud" are nonexclusive, and             
          none of them is dispositive in and of itself.  Niedringhaus v.              
          Commissioner, 99 T.C. 202, 211  (1992).    A  taxpayer's                    
          sophistication, education, and intelligence may be considered in            
          determining whether or not he had fraudulent intent.  See Halle v.          
          Commissioner, 175 F.2d 500, 502 (2d Cir. 1949), affg. 7 T.C. 245            
          (1946); Niedringhaus v. Commissioner, supra; see also Wheadon v.            
          Commissioner, T.C. Memo. 1992-633.                                          
               Although there are several factors or "badges" existing in             
          this case which might indicate fraud, on balance, we believe that           
          respondent has not proven fraud by clear and convincing evidence.           
          We observed petitioner at trial.  His testimony reflected that he           
          lacked financial sophistication and that he strongly believed that          
          his cattle-breeding operation did not generate sufficient net               
          income to require the filing of a tax return.                               
               We do not sustain respondent's finding of fraud when we are            
          only left with a suspicion of fraud.  Green v. Commissioner, 66             
          T.C. 538, 550 (1976); see Comparato v. Commissioner, T.C. Memo.             
          1993-52.  In the instant case, we cannot conclude that petitioner           





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