Eddie Cordes, Inc., et al. - Page 45




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          102 T.C. 632, 647 (1994).  These “badges of fraud” are                      
          nonexclusive.  Miller v. Commissioner, 94 T.C. 316, 334 (1990).             
          The taxpayer’s background and the context of the events in                  
          question may be considered as circumstantial evidence of fraud.             
          Plunkett v. Commissioner, 465 F.2d 299, 303 (7th Cir. 1972)                 
          (citing Gano v. Commissioner, 19 B.T.A. 518, 532-533 (1930)),               
          affg. T.C. Memo. 1970-274.                                                  
               Respondent has clearly and convincingly shown that Mr.                 
          Cordes intended to evade tax known to be owing by concealing,               
          misleading, and otherwise preventing the collection of taxes, and           
          Mr. Cordes is therefore liable for the fraud penalty for 1994 and           
          1995.  We rely on the following facts in reaching our conclusion:           
               (1)  Respondent demonstrated that Mr. Cordes consistently              
          over a period of several years substantially understated his                
          income by not reporting the constructive dividends or interest              
          income earned.  Clayton v. Commissioner, supra at 647; see also             
          Steines v. Commissioner, T.C. Memo. 1995-261.  While this                   
          consistent underreporting alone is not enough to establish fraud,           
          other badges of fraud are present here that make it clear Mr.               
          Cordes’s behavior was fraudulent.                                           
               (2)  Mr. Cordes repeatedly failed to cooperate with tax                
          authorities.  Regarding Mr. Cordes’s 1994 taxable year, the                 
          revenue agent assigned to the case, Ken McGee, requested from Mr.           
          Cordes and CFC, which Mr. Cordes controlled, documents (such as             
          the loan ledger cards) which relate to the constructive dividends           
          and the interest income.  Mr. Cordes refused to provide the                 





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