-12- Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. per curiam T.C. Memo. 1982-603. Respondent contends that the following establish fraud: (1) Mr. Wickersham's sophistication and experience, (2) the context of the events and a pattern of conduct by Mr. Wickersham, (3) Mr. Wickersham's lack of credibility, and (4) Mr. Wickersham's section 7206(1) conviction. B. Mr. Wickersham's "Sophistication" The sophistication, education, and intelligence of the taxpayer are relevant to determining fraudulent intent. See Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992); Stephenson v. Commissioner, supra at 1006; Iley v. Commissioner, 19 T.C. 631, 635 (1952). Contrary to respondent's assertion, however, the sophistication, education, and intelligence of a taxpayer are not themselves badges of fraud. These considerations are relevant to the determination of whether a taxpayer could have formed the intent necessary to be found liable for the fraud penalty. See Niedringhaus v. Commissioner, supra at 211; Stephenson v. Commissioner, supra at 1006; Iley v. Commissioner, supra at 635. Mr. Wickersham owns and operates a car dealership and engages in some real estate ventures/transactions. There is no evidence suggesting that he had any training in accounting, tax planning, or tax return preparation. On the basis of thesePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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