- 34 - (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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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