David D. Le, a.k.a. David Dung Le, a.k.a. Dung V. Le and Kim Huong Le, a.k.a. Kim Le, et al. - Page 22

                                        -22-                                          
          Douge v. Commissioner, 899 F.2d 164, 168 (2d Cir. 1990); Bradford           
          v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg.               
          T.C. Memo. 1984-601; Recklitis v. Commissioner, 91 T.C. 874, 910            
          (1988).                                                                     
               Following our consideration of the relevant badges of fraud,           
          we conclude that respondent has clearly and convincingly proven             
          the requisite fraudulent intent on the part of the Les for each             
          year in issue.  The Les understated their income on their 1990              
          and 1991 individual tax returns by not recognizing income from              
          the attorney checks which they diverted from DDL in the amounts             
          totaling $295,941 and $197,673, respectively.  They attempted to            
          conceal this income by not recording those checks in DDL’s                  
          records (i.e., by not maintaining proper records for DDL), by not           
          depositing those checks into DDL’s bank account, by not advising            
          their tax preparer of the checks’ existence, and by not reporting           
          the diverted funds on DDL’s corporate income tax returns or on              
          their individual income tax returns.  They engaged in illegal               
          activities in that they filed fraudulent tax returns.  They                 
          provided implausible or inconsistent explanations of their                  
          behavior.  They failed to cooperate with tax authorities.  They             
          pleaded guilty to certain charges as to their and DDL’s 1990                
          income tax returns.  Although a conviction under section 7206(1)            
          does not by itself establish intent to evade tax, since the                 
          existence of such intent is not an element of the crime, the                






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