- 11 - The existence of fraud is a question of fact to be resolved from the entire record. See DiLeo v. Commissioner, 96 T.C. 858, 874 (1991), affd. 959 F.2d 16 (2d Cir. 1992). Fraud may be proven by circumstantial evidence, and reasonable inferences may be drawn from the relevant facts. See Spies v. United States, 317 U.S. 492, 499 (1943); Stephenson v. Commissioner, 79 T.C. 995, 1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984). Any conduct, the likely effect of which would be to mislead or to conceal, may establish an affirmative act of evasion. See Spies v.United States, supra at 499; Zell v. Commissioner, 763 F.2d 1139, 1145-1146 (10th Cir. 1985), affg. T.C. Memo. 1984-152. A pattern of consistent underreporting of income, particularly when accompanied by other circumstances exhibiting an intent to conceal, justifies the inference of fraud. See Parks v. Commissioner, supra at 664. Petitioner understated interest income and claimed false deductions for mortgage interest payments, resulting in the consistent underreporting of income tax liabilities for 5 years. Petitioner intentionally falsified computer records of the Bank and misled respondent with respect to his correct income tax liabilities. Petitioner signed the returns for each year in issue with full knowledge that he was underreporting his taxable income. As a result of his actions, petitioner was criminally convicted for his underreporting activities, and petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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