- 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 theirPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011