- 16 - of income, (2) maintenance of inadequate records, (3) implausible or inconsistent explanations of behavior, (4) concealment of assets, (5) failure to cooperate with tax authorities, (6) engaging in an illegal activity, (7) attempting to conceal an illegal activity, and (8) dealing in cash. Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Petzoldt v. Commissioner, 92 T.C. 661, 700 (1989). Respondent argues that he has clearly and convincingly proven fraud by virtue of the following claimed actions on the part of Mr. Feinsmith: (1) That he understated his income and the income of Randy Hall for the relevant years, (2) that he failed to maintain adequate records for Randy Hall, including that some of the maintained records were false invoices, (3) that his accountant testified that Mr. Feinsmith did not tell the accountant when the accountant prepared Mr. Feinsmith’s 1983 and 1984 personal income tax returns that he had income from the scheme, (4) that he was engaged in the scheme, an illegal activity, (5) that the scheme involved the use of cash, and (6) that he was an astute businessman. Petitioner argues that respondent has not proven fraud either clearly or convincingly. We agree with petitioner. We are unconvinced by the record that Mr. Feinsmith filed either his 1983 or 1984 Federal income tax return with the requisite intent to evade a personal Federal income tax known or believed to be owing.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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