- 26 - From the record in this case, we hold that petitioner’s 1987 return was fraudulent. He pled guilty to securities, mail, and wire fraud in connection with his acquisition and sale of insider information. He failed to report any of the income he received from the sales in either 1987 or 1988. Reporting the illegal income would have increased the risk that petitioner’s illegal activities would be detected. Reluctance to report illegal income because of the chances that the illegal source of the income will be discovered does not preclude a tax evasion motive. Recklitis v. Commissioner, supra at 909. Moreover, participation in illegal activities is a badge of fraud. Bradford v. Commissioner, supra. In addition, petitioner attempted to conceal his illegal activities and income by dealing in cash and using a bank account under fictitious names. He did not maintain any records of the illegal income or how he used the money received from selling insider information. Petitioner argues that he did not have fraudulent intent because he did not consider whether or not to report the illegal income. Petitioner’s argument is unpersuasive. He is a well- educated and knowledgeable taxpayer. In college, he took a number of business courses, including a class on Federal income tax accounting. Petitioner does not deny that he knew that illegal income was taxable and was aware of his reporting obligations. In addition, petitioner understood that he receivedPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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