- 45 - 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 thePage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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