- 18 - fraudulent intent. Korecky v. Commissioner, 781 F.2d 1566 (11th Cir. 1986), affg. T.C. Memo. 1985-63. Indicia of fraudulent intent include the following: A pattern of consistent underreporting of income, Parks v. Commissioner, supra at 664; the filing of false documents, Stephenson v. Commissioner, 79 T.C. 995, 1007 (1982), affd. 748 F.2d 331 (6th Cir. 1984); destruction of records, Prokop v. Commissioner, 254 F.2d 544 (7th Cir. 1958), affg. T.C. Memo. 1957-75; inadequate and incomplete records, failure to file tax returns, implausible or inconsistent explanations of behavior, concealment of assets, and failure to cooperate with tax authorities, Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601. If the Commissioner establishes that any portion of the underpayment is attributable to fraud, then the entire underpayment for that tax year shall be treated as attributable to fraud, unless the taxpayer can establish that a portion is not attributable to fraud. Sec. 6663(b). The term “underpayment” is defined by section 6664(a) to mean the amount by which any tax imposed by this title exceeds the excess of (1) the sum of (A) the amount shown as the tax by the taxpayer on his return, plus (B) amounts not so shown previously assessed (or collected without assessment), over (2) the amount of rebates made. EstatePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011