John Boyd Tenney - Page 19

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          States v. Bender, 218 F.2d 869 (7th Cir. 1955); Rivera v.                   
          Commissioner, T.C. Memo. 1979-343.                                          
               With regard to fraudulent intent, respondent is required to            
          prove that a taxpayer intended to evade taxes by conduct intended           
          to conceal, mislead, or otherwise prevent the collection of                 
          taxes.  Parks v. Commissioner, supra at 661; Frazier v.                     
          Commissioner, 91 T.C. 1, 12 (1988).                                         
               Generally, fraud is established by circumstantial evidence             
          because direct evidence of fraud is not available.  Clayton v.              
          Commissioner, supra at 647; Rowlee v. Commissioner, 80 T.C. 1111,           
          1123 (1983).  Courts have developed certain indicia of fraud,               
          including the following:  (1) Understatements of income;                    
          (2) inadequate books and records; (3) unfiled tax returns;                  
          (4) lack of cooperation with tax authorities; (5) implausible or            
          inconsistent explanations of behavior; (6) concealed assets; and            
          (7) illegal activity.  Bradford v. Commissioner, 796 F.2d 303,              
          307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Clayton v.              
          Commissioner, supra at 647; Petzoldt v. Commissioner, 92 T.C.               
          661, 699-700 (1989); Recklitis v. Commissioner, supra at 910.               
               As indicated, petitioner argues that for the years in issue            
          he realized large losses, that he had no Federal income tax                 
          liability, and therefore that no underpayment of tax exists.                
          Petitioner also argues that respondent has not established that             
          he fraudulently failed to file income tax returns and                       
          fraudulently underpaid his correct Federal income tax liability.            




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