Estate of Paul Campana - Page 10




                                        - 9 -                                         
          fraud, except with respect to any portion of the underpayment               
          which the taxpayer establishes is not attributable to fraud.                
          Sec. 6663(b).                                                               
               The Commissioner will meet his burden of proof if it is                
          shown that the taxpayer intended to evade a tax known to be due             
          and owing by conduct intended to conceal, mislead, or otherwise             
          prevent tax collection.  Stoltzfus v. United States, 398 F.2d               
          1002, 1004 (3d Cir. 1968); Parks v. Commissioner, supra at 661;             
          Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).  The existence           
          of fraud is a question of fact to be resolved upon consideration            
          of the entire record.  DiLeo v. Commissioner, supra at 874.  The            
          Commissioner may prove fraud by circumstantial evidence because             
          direct evidence of the taxpayer's intent is rarely available.               
          Stephenson v. Commissioner, 79 T.C. 995, 1005-1006 (1982), affd.            
          per curiam 748 F.2d 331 (6th Cir. 1984).                                    
               Intent to mislead or conceal may be inferred from a pattern            
          of conduct.  Spies v. United States, 317 U.S. 492, 499 (1943).  A           
          pattern of consistent underreporting of income for several years,           
          especially when accompanied by other circumstances showing intent           
          to conceal is strong evidence of fraud.  Holland v. United                  
          States, 348 U.S. 121 (1954); Parks v. Commissioner, supra at 664.           
          An implausible explanation of behavior is one of the "badges of             
          fraud".  Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir.              
          1986), affg. T.C. Memo. 1984-601.                                           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011