- 63 - 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 ofPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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