- 7 - amount equal to 75 percent of the underpayment which is attributable to fraud shall be added to the tax. While respondent ultimately has the burden of proving fraud, it can seldom be shown by direct proof of the taxpayer’s intention. Spies v. United States, 317 U.S. 492, 499 (1943). However, fraud can be established by circumstantial evidence and by reasonable inferences drawn from the taxpayer’s entire course of conduct. Id. Such inferences may be drawn from the so-called badges of fraud including, but not limited to, understated or unreported income, inadequate records, intentional concealment of income and assets, and failure to cooperate with taxing authorities. Bradford v. Commissioner, 796 F.2d 303 (9th Cir. 1986), affg. T.C. Memo. 1984-601. Based on the evidence, including the facts established under Rule 91(f) and the evidence at trial, we find that petitioners intended to conceal, mislead, or otherwise prevent the collection of their taxes. Petitioners failed to report a substantial amount of income. Petitioners concealed two bank accounts with $513,614 in taxable deposits from their own representative and respondent. Petitioners kept and maintained inadequate records which did not reflect all income or expenses. Petitioners concealed a substantial business activity from their own representative and from respondent. In an attempt to explain this concealment, petitioners claimed that the activity hadPage: Previous 1 2 3 4 5 6 7 8 Next
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