- 10 - except to the extent petitioners establish otherwise. See sec. 6653(b)(2). To establish fraud, respondent must show that petitioners "engaged in conduct with the intent to evade taxes that * * * [they] knew or believed to be owing." United States v. Walton, 909 F.2d 915, 926 (6th Cir. 1990). Direct evidence of fraud is seldom available. See Petzoldt v. Commissioner, 92 T.C. 661, 699 (1989); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). Consequently, we may rely on circumstantial evidence to establish fraud. See United States v. Walton, supra; see also Hagaman v. Commissioner, supra at 696. Fraud may be inferred from "any conduct, the likely effect of which would be to mislead or to conceal." Spies v. United States, 317 U.S. 492, 499 (1943). The taxpayer’s background, including his sophistication, experience and education, and the context of the events in question may be considered circumstantial evidence of fraud. See Solomon v. Commissioner, 732 F.2d 1459, 1461-1462 (6th Cir. 1984), affg. per curiam T.C. Memo. 1982-603; Plunkett v. Commissioner, 465 F.2d 299, 303 (7th Cir. 1972), affg. T.C. Memo. 1970-274; Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992). The courts have established several indicia or "badges" of fraud which include: (1) Understating income; (2) maintaining inadequate records; (3) giving implausible or inconsistent explanations of behavior, (4) concealment of income or assets, (5) failing to cooperate with tax authorities, (6) engaging inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011