Michael J. Downing and Sandra M. Downing - Page 63

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          understatements of income, which in turn resulted in                        
          underpayments of tax for each year.                                         
               We hold for respondent on this issue.                                  
          B.  Fraudulent Intent                                                       
               Respondent contends that the following indicia of fraud are            
          present in the instant case:  (1) Petitioners failed to report              
          substantial amounts of income; (2) petitioners failed to keep               
          adequate books and records; and (3) petitioners made inconsistent           
          and implausible explanations regarding the alleged nontaxable               
          sources of deposits to their bank accounts during 1994 and 1995.            
               Petitioners maintain that:  (1) Michael had no intention to            
          underreport income; (2) Michael provided the records he had to              
          respondent throughout the administrative process; and (3) the               
          alleged inconsistent statements “make no sense at all”.                     
               Courts have identified numerous factors, sometimes referred            
          to as indicia of fraud, or badges of fraud, which may be                    
          persuasive circumstantial evidence of fraud.  See, e.g.,                    
          Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992).  We focus            
          on those indicia that appear to be most significant in the                  
          context of the record in the instant case.                                  
          (1)  Failure To Report Substantial Amounts of Income                        
               “Although mere understatement of income alone is not                   
          sufficient to prove fraud, the consistent and substantial                   
          understatement of income is, by itself, strong evidence of                  







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