Gold Bar, Incorporated - Page 8




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          the actions of Mr. Golden, petitioner’s president and sole                    
          shareholder.                                                                  
               To decide whether the fraud penalty is applicable, courts                
          consider several indicia of fraud, or “badges of fraud”, which                
          include:  (1) Understatement of income; (2) inadequate books and              
          records; (3) failure to file tax returns; (4) implausible or                  
          inconsistent explanations of behavior; (5) concealment of assets;             
          (6) failure to cooperate with tax authorities; (7) filing false               
          Forms W-4; (8) failure to make estimated payments; (9) dealing in             
          cash; (10) engaging in illegal activity; and (11) attempting to               
          conceal illegal activity.  See Bradford v. Commissioner, 796 F.2d             
          303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Recklitis v.             
          Commissioner, 91 T.C. 874, 910 (1988).  This list is                          
          nonexclusive.  See Miller v. Commissioner, 94 T.C. 316, 334                   
          (1990).                                                                       
               As an initial matter, petitioner concedes that it overstated             
          its business expenses claimed as deductions on its corporate                  
          income tax returns for 1993, 1994, and 1995.  Petitioner further              
          concedes that it failed to report income on its 1994 and 1995                 
          income tax returns.  These concessions result in petitioner’s                 
          being liable for deficiencies in income tax for its 1993, 1994,               
          and 1995 tax years, and respondent has therefore met his burden               
          of showing petitioner’s understatement of taxes for 1993, 1994,               
          and 1995.                                                                     






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