Robert T. and Mary F. Gow - Page 47




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          affirmative evidence.  See Beaver v. Commissioner, 55 T.C. 85, 92             
          (1970).                                                                       
               Courts have developed various factors or badges which tend to            
          establish fraud.  These include:  (1) A pattern of understatement             
          of income; (2) inadequate records; (3) concealment of assets; (4)             
          income from illegal activities; (5) attempting to conceal illegal             
          activities; (6) implausible or inconsistent explanations of                   
          behavior; and (7) dealings in cash.  See McGee v. Commissioner,               
          supra at 260; Snavely v. Commissioner, supra.  In addition, the               
          taxpayer’s sophistication, education, and intelligence may also be            
          considered in determining the existence of fraud.  See Sadler v.              
          Commissioner, supra.  No single factor or any combination of                  
          factors will necessarily lead us to the conclusion that fraud                 
          exists.  We must examine whether a pattern of fraudulent intent was           
          established on the basis of an examination of the entire record.              
              Respondent argues that the record is replete with indicia of             
          fraud by petitioners, including the following: (1) Gross                      
          undervaluation of the 1989 and 1990 stock bonus awards; (2) the               
          hiding of the animal trophy collection expenditures by recording              
          them in different accounts in the company’s general ledger at the             
          direction of Dr. Gow; (3) lack of petitioners’ credibility in                 
          statements made both at audit and at trial; and (4) charging of               
          personal items as business expenses.  Moreover, respondent claims             
          that petitioners’ knowledge of tax and accounting issues supports             






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