- 14 - may prove fraud by circumstantial evidence because direct evidence of the taxpayer's intent is rarely available. See Stephenson v. Commissioner, 79 T.C. 995, 1005-1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984). Petitioner recognizes that he is collaterally estopped from contesting each element of section 7203. Thus, he does not dispute that he is collaterally estopped from denying that he knew he had the duty to maintain records or supply information and that he willfully failed to do so for 1988 and 1989. See Kotmair v. Commissioner, 86 T.C. 1253, 1264 (1986). Petitioner's conviction under section 7203 does not estop him from arguing that he lacked fraudulent intent for 1988 and 1989, but it is evidence that he committed fraud. See Wilkinson v. Commissioner, T.C. Memo. 1997-410. 4. Badges of Fraud Courts have developed several objective indicators, or "badges", of fraud. See Recklitis v. Commissioner, 91 T.C. 874, 910 (1988). Respondent argues that the following badges of fraud are present in this case: (1) Large understatements of income; (2) inadequate books and records; (3) failure to give accurate information to tax return preparer; (4) failure to cooperate with tax authorities; (5) implausible and inconsistent explanations of behavior; and (6) training, business experience, and knowledge of the income tax laws.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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