Estate of Frank Johnson - Page 136




                                       - 64 -                                         
          Giving false, misleading, and inconsistent testimony is another             
          badge of fraud.  See, e.g., Kim v. Commissioner, T.C. Memo. 2000-           
          83.   Failure to cooperate with revenue agents during the audit             
          phase of a case is an additional indication of guilty knowledge             
          on a taxpayer’s part.  See Profl. Servs. v. Commissioner, 79 T.C.           
          888, 932-933 (1982).  Concealing assets also indicates fraudulent           
          intent.  See Spies v. United States, 317 U.S. at 499.  In                   
          determining fraudulent intent, courts also have considered a                
          taxpayer’s level of education and his or her prior history of               
          filing Federal income tax returns.  See, e.g., Stoltzfus v.                 
          United States, 398 F.2d 1002, 1004 (3d Cir. 1968).                          
               Respondent contends that the following indicia of fraud are            
          present in the instant cases:  Failing to report substantial                
          amounts of income, failing to maintain records, dealing                     
          exclusively in cash, failing to voluntarily file tax returns,               
          concealing transactions through fraudulent conveyances, and                 
          failing to cooperate in the examination.  In addition, respondent           
          asserts that the lack of credibility of petitioners and their               
          witnesses is another indicium of fraud.                                     
                    (1)  Pattern of Underreporting Substantial Amounts of             
                    Income                                                            
               Respondent contends that the source and application of funds           
          analysis for Frank and Katherine shows that they consistently and           
          substantially understated their income for at least 8 years.                
          Petitioners contend that Frank and Katherine reported their                 





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