- 25 - petitioner's primary motivation was tax evasion but must show that a "tax-evasion motive played any part" in his conduct, including conduct designed to conceal another crime. See Recklitis v. Commissioner, supra at 909 (quoting Worcester v. Commissioner, 370 F.2d 713, 717 (1st Cir. 1966), vacating T.C. Memo. 1965-199). The existence of fraud is a question of fact to be resolved upon consideration of the entire record. See Castillo v. Commissioner, supra at 409; Rowlee v. Commissioner, supra at 1123; Gajewski v. Commissioner, 67 T.C. 181, 199 (1976), affd. without published opinion 578 F.2d 1383 (8th Cir. 1978). Fraud will never be imputed or presumed, but must be established by independent evidence. See Recklitis v. Commissioner, supra at 910; Castillo v. Commissioner, supra; Beaver v. Commissioner, 55 T.C. 85, 92 (1970). However, because direct proof of a taxpayer's intent is rarely available, fraud may be proved by circumstantial evidence, including the implausibility of the taxpayer's explanations. See Boyett v. Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg. a Memorandum Opinion of this Court dated Mar. 14, 1951; Castillo v. Commissioner, supra; Stephenson v. Commissioner, 79 T.C. 995, 1005-1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984);Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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