- 15 - existing case law: (1) Understatement of income; (2) inadequate records; (3) failure to file tax returns; (4) implausible or inconsistent explanations of behavior; (5) concealing assets; and (6) failure to cooperate with tax authorities. The Court of Appeals also identified dealing in cash as an additional fact which would support a finding of fraud. Id. at 308. Applying these considerations to the case at bar, we conclude that petitioner fraudulently intended to underpay tax for each of the years at issue. The record unequivocably demonstrates that petitioner understated his income, maintained inadequate records, failed to cooperate with taxing authorities, and engaged in extensive dealings in cash. Moreover, the evidence reveals that petitioner expressly directed the preparation of false business records to conceal a significant percentage of his cash transactions and then himself provided those erroneous records to his return preparer. The only logical inference to be drawn from such circumstances is that petitioner knowingly and actively structured his affairs with the specificPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011