- 18 - To establish fraud, respondent had to prove by clear and convincing evidence that Phillip intended to evade the payment of taxes. See sec. 7454(a); Rule 142(a); Traficant v. Commissioner, 884 F.2d 258, 264 (6th Cir. 1989), affg. 89 T.C. 501 (1987). The existence of fraud is a factual question to be resolved upon consideration of the entire record. See Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983); Stone v. Commissioner, 56 T.C. 213, 224 (1971). A taxpayer’s entire course of conduct may establish the requisite fraudulent intent. See Rowlee v. Commissioner, supra; Stone v. Commissioner, supra. Because fraud can rarely be established by direct proof of a taxpayer’s intent, fraud may be proven by circumstantial evidence. See Rowlee v. Commissioner, supra. Fraud may be inferred from any conduct, the likely effect of which would be to mislead or conceal. See Spies v. United States, 317 U.S. 492, 499 (1943). The courts have relied on numerous indicia of fraud in deciding cases under section 6663 and its predecessor section 6653(b) including: (1) Failure to report income over an extended period of time; (2) failure to file a tax return; (3) failure to furnish the Government with access to records; (4) failure to keep adequate books and records; (5) engaging in illegal activity; (6) concealment of bank accounts from an Internal Revenue agent; (7) giving implausible explanations of conduct; (8) willingness to defraudPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011