- 13 - of fact to be determined from the entire record. See Recklitis v. Commissioner, supra at 909; Meier v. Commissioner, 91 T.C. 273, 297 (1988). Respondent must show that petitioner intended to evade taxes known to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes. Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Parks v. Commissioner, 94 T.C. 654, 660-661 (1990). Fraud will never be presumed, Beaver v. Commissioner, 55 T.C. 85, 92 (1970), but may, however, be proved by circumstantial evidence because direct proof of the taxpayer’s intent is rarely available. Recklitis v. Commissioner, supra at 910; Meier v. Commissioner, supra. The taxpayer’s entire course of conduct may be examined to establish the requisite fraudulent intent. Recklitis v. Commissioner, supra; Meier v. Commissioner, supra. Having considered all of the evidence before us, we conclude that respondent clearly and convincingly has shown fraud with respect to at least the underpayments in tax attributable to Monterey for both 1987 and 1988. We do so based on the following factors, which, together, convince us that Joseph had fraudulent intent with respect to his underreporting of income from Monterey.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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