Robert M. Temple - Page 26




                                       - 26 -                                         
          199 (1976), affd. without published opinion 578 F.2d 1383 (8th              
          Cir. 1978).                                                                 
               Direct proof of a taxpayer’s intent is rarely available;               
          thus, fraud may be proven by circumstantial evidence, and                   
          reasonable inferences may be drawn from the relevant facts.  See            
          Spies v. United States, 317 U.S. 492, 499 (1943); Stephenson v.             
          Commissioner, 79 T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6th             
          Cir. 1984).  Any conduct, the likely effect of which would be to            
          mislead or to conceal may establish an affirmative act of                   
          evasion.  See Spies v. United States, supra at 499.                         
               The courts have relied upon a number of indicia of fraud in            
          deciding whether an underpayment of tax is due to fraud.  While             
          no single factor is necessarily sufficient to establish fraud,              
          the existence of several indicia is persuasive circumstantial               
          evidence of fraud.  See Petzoldt v. Commissioner, supra.                    
               Respondent argues that the following factors or “badges” of            
          fraud are present in this case:  (1) A substantial and consistent           
          understatement of income; (2) extensive dealings in cash; (3) use           
          of nominee accounts;40 (4) failure to cooperate with revenue                
          agents; and (5) petitioner’s level of education.                            
                    1.  Substantial and Consistent Understatement of                  
                    Income                                                            
               Consistent failure to report substantial amounts of income             


               40Use of bank accounts fashioned as trust accounts to                  
          conceal assets.                                                             





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011