Walter L. Medlin - Page 50

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          taxpayer’s entire course of conduct and drawing reasonable                  
          inferences therefrom.  Korecky v. Commissioner, supra at 1568.              
               Fraud is rarely provable by direct evidence but may be                 
          provable by circumstantial evidence.  Brooks v. Commissioner, 82            
          T.C. 413, 431 (1984), affd. without published opinion 772 F.2d              
          910 (9th Cir. 1985).  Such evidence includes, but is not limited            
          to the following “badges of fraud”:  (1) Understating income, (2)           
          maintaining inadequate records, (3) failing to file tax returns,            
          (4) giving implausible or inconsistent explanations of behavior,            
          (5) concealing income or assets, (6) failing to cooperate with              
          tax authorities, (7) engaging in illegal activities, (8) an                 
          intent to mislead which may be inferred from a pattern of                   
          conduct, (9) lack of credibility of the taxpayer’s testimony,               
          (10) filing false documents, and (11) dealing in cash.  See                 
          Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986),                
          affg. T.C. Memo. 1984-601; Recklitis v. Commissioner, 91 T.C.               
          874, 910 (1988); Kalo v. Commissioner, T.C. Memo. 1996-482.  No             
          single factor is necessarily dispositive, but a combination of              
          several factors is persuasive circumstantial evidence of fraud.             
          Petzoldt v. Commissioner, 92 T.C. at 699.  We find substantial              
          evidence of fraud in this case.                                             
               The record shows a consistent pattern of understating income           
          by petitioner.  For the years in issue, petitioner received                 
          substantial amounts of income from his real estate business,                






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