- 28 - Failure to maintain adequate books and records may be indicative of fraud. Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987); Gajewski v. Commissioner, 67 T.C. at 200. As we found earlier, petitioner failed to maintain adequate books and records. This is evidence of fraud. 4. Intent To Mislead Misleading statements to an investigating agent may be evidence of fraud. See Gajewski v. Commissioner, supra at 200. Petitioner misled Ms. Lippert--he told her that he deposited all medical receipts in one bank account when in fact he deposited medical receipts into at least seven accounts (including his own personal accounts). Petitioner also misled Mr. Dever--petitioner told Mr. Dever that he reported all items deposited into his bank accounts on his tax returns, but he later admitted that he did not report some of these items. This is evidence of fraud. 5. Lack of Credibility Petitioner's lack of credibility is a factor in considering the fraud issue. See Toussaint v. Commissioner, 743 F.2d 309, 312 (5th Cir. 1984), affg. T.C. Memo. 1984-25. As we stated earlier, petitioner's testimony was at times questionable, vague, conclusory, not credible, and unsupported by the evidence in the record. This is evidence of fraud. 6. Filing False Documents (The Criminal Tax Conviction)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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