Joseph A. and Carol DelVecchio - Page 13




                                       - 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

Last modified: May 25, 2011