- 15 - defraud. We have carefully considered the evidence, including petitioner’s testimony, which we found credible. We hold that the under reporting here does not, when considered in light of the record in its totality, show or raise an inference that petitioner intended to conceal or mislead. We find the circumstances here to be somewhat unusual. The combination of petitioner’s inexperience, immaturity, and reliance on his father make his position plausible. It must be noted that the three Federal income tax returns under consideration represent some of the first ones that petitioner filed, and he continued to live with his parents throughout most of the period under consideration. In addition, this was petitioner’s first self-employment business experience. The Commissioner has relied upon taxpayers’ understatements of income to circumstantially show fraudulent intent and has been successful in numerous fraud penalty cases where such understatements were coupled with other badges of fraud. In a few cases, however, the Commissioner has failed to establish a link between understatements and fraudulent intent. In Rao v. Commissioner, T.C. Memo. 1996-500, the fraud penalty was not sustained even though the taxpayer, a doctor, had substantial and consistent understatements of gross income. In that case, the taxpayer relied on his accountant, in the same manner as petitioner has relied on his father. In another case, involvingPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011