- 44 - underpayments in 1994 and 1995. The only remaining issue is whether Mr. Cordes intended to evade the taxes on these items known to be owing by conduct intended to conceal, mislead, or otherwise prevent collection of taxes. Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). The issue is one of fact to be determined upon a consideration of the entire record. Rowlee v. Commissioner, supra at 1123; Beaver v. Commissioner, 55 T.C. 85, 92 (1970). For the reasons discussed below, we hold for respondent. Fraudulent intent can seldom be established by direct proof of the taxpayer’s intention; therefore, fraud is usually established by drawing inferences from the taxpayer’s entire course of conduct. Parks v. Commissioner, 94 T.C. 654, 664 (1990); Estate of Beck v. Commissioner, 56 T.C. 297, 363 (1971). The courts have developed several indicia or “badges” of fraudulent behavior. Circumstantial evidence which may give rise to a finding of fraudulent intent includes: (1) Understatement of income; (2) inadequate records; (3) failure to file tax returns; (4) implausible or inconsistent explanations of behavior; (5) concealment of assets; (6) failure to cooperate with tax authorities; (7) filing false documents; (8) failure to make estimated tax payments; (9) dealing in cash; (10) engaging in illegal activity; and (11) attempting to conceal illegal activity. Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Clayton v. Commissioner,Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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