- 64 - Petitioners have made no contentions or presented any evidence of omitted deductions or credits. On the basis of the evidence presented in the instant cases, we conclude that respondent has established by clear and convincing evidence an underpayment of tax for 1982 and 1983 for petitioners Wilson, Cattalo, and Grove,30 and for 1983 for petitioner Giongo. Cf. Franklin v. Commissioner, supra. For Giongo's 1982 taxable year, we conclude that respondent did not present clear and convincing evidence of an underpayment of tax. Although, in our discussion above, we attributed income from the Hitchens search casino chips to Giongo based on the preponderance of the evidence, we do not find the evidence as to his receipt of the income from the chips to rise to the level of clear and convincing. There being no other search during 1982 for which we have attributed income to Giongo, we do not find clear and convincing evidence of an underpayment of tax by Giongo for that year. To establish fraud, respondent must show that the taxpayer intended to evade a tax believed to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of such tax. Cochrane v. Commissioner, supra at 28. Fraud is never presumed. Id. Because direct proof of a taxpayer's intent is rarely available, fraud may be established by circumstantial 30 Additionally, petitioners Wilson, Cattalo, and Grove were convicted of at least one count of either bribery or robbery within each of the years in issue. Such crimes are likely sources of unreported income.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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