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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)
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