Rebecca Wright - Page 11




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          illegal activities; (8) attempting to conceal illegal activities;           
          (9) dealing in cash; and (10) failing to make estimated tax                 
          payments.  While no single factor is necessarily sufficient to              
          establish fraud, the existence of several indicia constitutes               
          persuasive circumstantial evidence.  See Bradford v.                        
          Commissioner, supra at 303.                                                 
               Many of the foregoing badges of fraud are present.                     
          Petitioner's substantial understatement of income tax from the              
          omission of the embezzlement income in 1992, 1993, and 1994 is a            
          badge of fraud.  As conclusively established in the criminal                
          case, petitioner knew that the funds he received from Mrs.                  
          Millyard were not gifts.  Petitioners have stipulated that                  
          petitioner received embezzlement income.  Moreover, petitioners             
          stipulated that they did not report this embezzlement income on             
          their tax returns.  Petitioner understated his income in the                
          years in issue by 36 percent, 24 percent, and 60 percent,                   
          respectively.  Such a pattern of substantial discrepancies                  
          between petitioner's actual income and reported income                      
          constitutes evidence of intent to defraud.  See Kohrs v.                    
          Commissioner, T.C. Memo. 1985-115.                                          
               Failure to keep records is another badge of fraud.  See                
          Truesdell v. Commissioner, 89 T.C. 1280, 1302 (1987).  Petitioner           
          did not keep any records of the amounts he embezzled.                       





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