- 9 - Petitioners have conceded that they failed to report significant amounts of income that they received from V&V and their rental property. In addition, they have failed to establish that such amounts are offset by unreported expenses. Therefore, we conclude that respondent has presented sufficient evidence that petitioners underpaid their taxes for the years in issue. B. Fraudulent Intent To prove fraud, respondent must establish that petitioners intended to evade taxes through conduct designed to conceal, mislead, or otherwise prevent the collection of taxes. Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). Fraudulent intent is not to be imputed or presumed, but may be established by circumstantial evidence and reasonable inferences drawn from the facts. Spies v. United States, 317 U.S. 492, 499 (1943); Petzoldt v. Commissioner, supra; Stephenson v. Commissioner, 79 T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984). The mere existence of deficiencies in tax liability does not establish fraud. Otsuki v. Commissioner, 53 T.C. 96, 106 (1969). Exceedingly large, unexplained discrepancies between a taxpayer's actual income and reported income, however, do evidence fraud. Stone v. Commissioner, 56 T.C. 213, 224 (1971). Respondent has provided sufficient evidence that petitioners failed to report V&V gross receipts of $121,289 for 1988 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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