- 11 - illegal activities, (7) an intent to mislead which may be inferred from a pattern of conduct, (8) lack of credibility of the taxpayer’s testimony, (9) filing false documents, (10) failing to file tax returns, and (11) dealing in cash. Spies v. United States, supra at 499; Conti v. Commissioner, 39 F.3d 658, 662 (6th Cir. 1994), affg. and remanding on other grounds T.C. Memo. 1992-616; Douge v. Commissioner, 899 F.2d 164, 168 (2d Cir. 1990); Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Recklitis v. Commissioner, 91 T.C. 874, 910 (1988). Although no single factor is necessarily sufficient to establish fraud, the existence of several indicia constitutes persuasive circumstantial evidence of fraud. See Bradford v. Commissioner, supra at 307; Petzoldt v. Commissioner, supra at 700. Finally, although not dispositive, a conviction for filing false Federal income tax returns under section 7206(1) is evidence of fraudulent intent. See Wright v. Commissioner, 84 T.C. 636, 643-644 (1985); Miller v. Commissioner, T.C. Memo. 1989-461. Petitioners concede they had unreported income resulting in the deficiencies as determined by respondent for 1987 and 1988, which establishes an underpayment for each year. However, they contend that the underpayments were not due to fraud. Petitioners mount a number of arguments to show that they lacked the requisite fraudulent intent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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