Charles A. McGee - Page 34




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            (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).                                                                                    
                  With regard to whether respondent has shown that an                                  
            understatement exists, petitioner himself admitted that certain                            
            items of income were not reported on his tax returns.  In                                  
            addition, clear and convincing evidence establishes that                                   
            petitioner underreported his gross receipts, interest income, and                          
            capital gains.  Accordingly, we find that respondent has met his                           
            burden of proving an underpayment by clear and convincing                                  
            evidence.                                                                                  
                  In this case, petitioner has willfully failed to file timely                         
            tax returns for the 1987, 1988, 1989, and 1990 taxable years.  At                          
            the time the audit commenced in late 1990, petitioner had not                              
            filed returns for the 1981, 1982, 1983, 1984, 1985, 1987, 1988,                            
            or 1989 tax years.  This is persuasive evidence of fraud.  See                             
            Marsellus v. Commissioner, 544 F.2d 883 (5th Cir. 1977), affg.                             
            T.C. Memo. 1975-368.                                                                       








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