Joseph Alan Piole - Page 30




                                       - 30 -                                         
          of income; (3) maintenance of inadequate records; (4) implausible           
          or inconsistent explanations of behavior; (5) concealment of                
          assets; (6) failure to cooperate with tax authorities; (7)                  
          engaging in an illegal activity; (8) attempting to conceal such             
          activity; (9) dealing in cash; and (10) failing to make estimated           
          tax payments.  See 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).                                      
               On the basis of our review of the entire record, we hold               
          that respondent has met his burden of proving fraud.  As                    
          previously discussed, respondent's reconstruction of petitioner's           
          income for the years in issue reveals that petitioner underpaid             
          his taxes for 1988, 1989, 1990, and 1991.  Further, each such               
          underpayment was attributable to fraud.  Petitioner engaged in              
          illegal drug sales, established a clear pattern of underreporting           
          taxable income from 1988 through 1991, failed to maintain                   
          adequate records of his income, and engaged in substantial cash             
          transactions.  In sum, petitioner's conduct supports a                      
          particularly strong inference of fraud.  See Parks v.                       
          Commissioner, supra at 664.  Equally significant, petitioner                
          pleaded guilty to criminal tax evasion for 1991.  See Petzoldt v.           
          Commissioner, supra at 701-702.  Considering all the facts and              
          circumstances, we hold that petitioner is liable for the addition           
          to tax for fraud for 1988 and the fraud penalty for 1989, 1990,             
          and 1991.                                                                   




Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011