Charles Y. and Jin Y. Choi - Page 21




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         796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601;                
         Recklitis v. Commissioner, 91 T.C. 874, 910 (1988).  This list is            
         nonexclusive.  Although no single factor is necessarily                      
         sufficient to establish fraud, the combination of a number of                
         factors constitutes persuasive evidence of fraud.  Solomon v.                
         Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. per                 
         curiam T.C. Memo. 1982-603; Miller v. Commissioner, 94 T.C. 316,             
         334 (1990).                                                                  
              The record in this case supports our holding that petitioner            
         fraudulently intended to evade 1991 and 1992 income tax.                     
         Petitioner was receiving the proceeds from Gene’s, and he                    
         intentionally and consistently understated that income.  His                 
         testimony was evasive and to some extent not credible.                       
         Petitioner fabricated records of income and intentionally                    
         discarded cash register tapes, which would have shown the true               
         sales of Gene’s.  He concealed income by fabricating his daily               
         sales summary sheets and admitted to respondent’s agents that he             
         underreported the sales income of Gene’s by approximately $15,000            
         per month.  Petitioner dealt in cash and did not maintain records            
         of his cash transactions involving the purchase of inventory.                
         Petitioner pleaded guilty to and was convicted of criminal income            
         tax evasion under section 7201 for the year 1992.  In that                   
         regard, we have already held that petitioner is collaterally                 
         estopped from denying that part of the underpayment for 1992 is              






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