Eddie Cordes, Inc., et al. - Page 44




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          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,             





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