- 22 - income, (2) maintenance of inadequate records, (3) implausible or inconsistent explanations of behavior, (4) concealment of assets, (5) failure to cooperate with tax authorities, (6) engaging in an illegal activity, (7) attempting to conceal the illegal activity, and (8) dealing in cash. Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989). Respondent’s determination rests primarily on the fact that the Bank issued to him the STRs as to petitioners, that petitioners used cashier’s checks to pay for personal expenses, and that petitioners structured their affairs to avoid the reporting requirements as to cash transactions over $10,000. See 31 U.S.C. sec. 5313; 31 C.F.R. sec. 103.22 (2000). Respondent also finds a fraudulent intent on the part of petitioners in the fact that they underreported their income for each subject year, that Nanny’s kept inadequate records, and that Nanny’s did not deposit all of its cash receipts into the business account. On the basis of our review of the record, we conclude that respondent has not proven this prong of the two-part test for any of the subject years. First, we give little weight to the mere fact that petitioners’ income was understated for each year. As we view the record, bearing in mind the fact that respondent must prove fraud by clear and convincing evidence, we conclude that petitioners’ understatements were more properly attributable toPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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