- 22 - and reasonable inferences properly to be drawn therefrom. See Otsuki v. Commissioner, 53 T.C. 96, 106 (1969). Any conduct, the likely effect of which would be to mislead or to conceal may establish an affirmative act of evasion. See Spies v. United States, 317 U.S. 492, 499 (1943). The courts have relied upon a number of indicia of fraud in deciding whether an underpayment of tax is due to fraud. While no single factor is necessarily sufficient to establish fraud, the existence of several indicia is persuasive circumstantial evidence of fraud. See Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989). Respondent argues that the following factors or “badges” of fraud are present in this case: (1) A substantial and consistent understatement of income; (2) false statements made by petitioners during their interview with respondent’s agents; (3) extensive dealings in cash; (4) failure to maintain adequate records; and (5) failure to furnish their return preparer with accurate information. 1. Substantial and Consistent Understatement of Income The consistent failure to report substantial amounts of income over a number of years, standing alone, is effective evidence of fraudulent intent. See Schwarzkopf v. Commissioner, 246 F.2d 731, 734 (3d Cir. 1957), affg. and remanding on another issue T.C. Memo. 1956-155. In this case, there is a substantialPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011