- 27 - 4. Badges of Fraud a. Fraud as to Petitioner Courts have developed several objective indicators, or “badges”, of fraud. Recklitis v. Commissioner, 91 T.C. 874, 910 (1988). Several indicia that petitioner knew that he was taxable on at least some of the funds he diverted from TCM are present in this case. Concealing income from one’s return preparer can be evidence of fraud. Korecky v. Commissioner, 781 F.2d 1566, 1569 (11th Cir. 1986), affg. T.C. Memo. 1985-63; Farber v. Commissioner, 43 T.C. 407, 420 (1965), modified 44 T.C. 408 (1965). Petitioner did not give White records of any Camaro accounts or tell White that he used Camaro funds for personal purposes or that he had Camaro make payments to his family and friends. Petitioner did not tell White that he received the NSA checks in Huntsville and sent them to Hong Kong. Petitioners contend that petitioner did not have signature authority over Camaro’s bank accounts in 1987 and 1988 because Camaro’s board of directors revoked petitioner’s signature authority over Camaro’s SCB accounts by resolution dated December 13, 1983. Respondent contends that SCB did not receive Camaro’s revocation of petitioner’s signature authority. Petitioners maintain that respondent has not proven that SCB did not receivePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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