- 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