- 59 - with the specific purpose of evading a tax believed to be owing. Conforte v. Commissioner, 692 F.2d 587, 592 (9th Cir. 1982), affg. in part, revg. in part on other grounds 74 T.C. 1160 (1980); Miller v. Commissioner, 94 T.C. 316, 332 (1990); Petzoldt v. Commissioner, 92 T.C. 661, 698 (1989). A fraudulent intent is present if the estate filed a return intending to conceal, mislead, or otherwise prevent the collection of tax. See Spies v. United States, 317 U.S. 492, 499 (1943); Akland v. Commissioner, 767 F.2d 618, 621 (9th Cir. 1985), affg. T.C. Memo. 1983-249; Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). With respect to the first prong, the estate concedes that it failed to report certain assets and undervalued other assets. The estate also concedes that the nonreporting of these assets generated an underpayment of Federal estate tax. We hold that respondent has met the first prong in that the record shows clearly and convincingly that the estate underpaid its tax liability.13 Turning to the second prong, a fraudulent intent may be proven by circumstantial evidence because direct proof of a taxpayer's intent is rarely available. Reasonable inferences may be drawn from the relevant facts. Spies v. United States, supra at 499; Akland v. Commissioner, supra at 621; Stephenson v. 13 Our disallowance of Ms. Trompeter's claim also generates an underpayment.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011