Paul Mifsud and Maria G. Mifsud - Page 36




                                       - 36 -                                         

          no single factor is necessarily sufficient to establish fraud,              
          the existence of several indicia constitutes persuasive                     
          circumstantial evidence of fraud.  See Bradford v. Commissioner,            
          supra at 307; Petzoldt v. Commissioner, supra at 700.                       
               The record in this case is replete with indicia of fraud by            
          petitioners, including the following:  Petitioners consistently             
          failed to report substantial amounts of income for the years                
          1992, 1993, and 1994.  They gave inconsistent and implausible               
          explanations about the source of the bank deposits at issue.  We            
          did not find the testimony of either Mr. Mifsud or Ms. Mifsud to            
          be credible in many material respects, including their testimony            
          that the source of the bank deposits at issue was their alleged             
          cash hoard.  The restaurant business in which petitioners engaged           
          dealt primarily in cash, and most of the deposits that petition-            
          ers made during the years at issue were in cash.                            
               Based on our examination of the entire record in this case,            
          we find that respondent has established by clear and convincing             
          evidence that petitioners intended to evade tax for each of the             
          years 1992 through 1994, which they believed to be owing, by                
          conduct intended to conceal, mislead, or otherwise prevent the              
          collection of such tax.9  We further find on that record that               

               9  We have considered all of the contentions and arguments             
          of petitioners that are not discussed herein, and we find them to           
          be without merit.                                                           






Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011