- 152 - 211. Although no single factor is necessarily sufficient to establish fraud, the existence of several indicia constitutes persuasive circumstantial evidence of fraud. Bradford v. Commis- sioner, supra at 307; Petzoldt v. Commissioner, supra at 700. In support of respondent’s position that petitioner intended to evade tax for each of the years at issue, which he believed to be owing, by conduct intended to conceal, mislead, or otherwise prevent the collection of such tax, respondent relies on the following factors: Petitioner’s consistent and substantial understatement of income for the years at issue; petitioner’s failure to maintain adequate books and records; petitioner’s failure to cooperate with respondent’s agents during the examina- tion of the years at issue, including his lack of credibility in certain of his dealings with those agents. Although we agree with respondent that the factors on which respondent relies to prove fraudulent intent are present in the instant case, based on our examination of the entire record before us, we find that petitioner’s actions raise only a suspi- cion, albeit a strong suspicion, of fraud for each of those years. See Toussaint v. Commissioner, supra at 312; Petzoldt v. Commissioner, supra at 700. We are not persuaded by clear and convincing evidence that petitioner’s actions of substantially underreporting his income for each of the years at issue and failing to maintain adequate books and records for each of those years were attributable to his fraudulent intent to evade tax when he filed the joint return for each such year, as opposed to his negligence and his disregard of tax rules and regulations.Page: Previous 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Next
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