Kyl Christians - Page 15

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          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, involving            






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