- 9 - The presence of fraud is a question of fact to be resolved upon consideration of the entire record. See Recklitis v. Commissioner, supra at 909. Although fraud is never imputed or presumed, intent to defraud may be proven by circumstantial evidence. See Clayton v. Commissioner, supra at 647; Recklitis v. Commissioner, supra at 909-910. Here, given our conclusion above regarding the existence of a deficiency, an underpayment of tax has been established. In addition, through presentation of circumstantial evidence, respondent has carried the burden of showing that some portion of this underpayment is due to fraud. Moreover, because petitioner has failed to offer any evidence that some part of the deficiency cannot be attributed to fraud, the section 6663 penalty applies to the entire underpayment. This case reveals a specific fraudulent intent on the part of petitioner to evade tax. Petitioner neglected to maintain adequate records to substantiate more than $25,000 in deductions. In addition, evidence of intent to defraud is particularly apparent in the implausibility and inconsistencies surrounding the two documents allegedly offered to validate these deductions. Because testimony at trial indicated that neither document was legitimate, petitioner presented false evidence for purposes of misleading the tax authorities. Moreover, statements made by petitioner with regard to these documents reveal inconsistentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011