Louis E. Peyton - Page 17

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          (4) implausible or inconsistent explanations of behavior;                   
          (5) concealment of income or assets; (6) failure to cooperate               
          with tax authorities; (7) engaging in illegal activities;                   
          (8) dealing in cash; (9) failure to make estimated tax payments;            
          and (10) filing false documents.  Spies v. United States, supra             
          at 499-500; 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,                
          supra at 910.  In addition, a conviction pursuant to section                
          7206(1), while not operating collaterally to estop a taxpayer               
          from denying fraudulent intent, is a fact to be considered and              
          may give rise to an inference of intent to evade.  Wright v.                
          Commissioner, supra at 643-644; see also Biaggi v. Commissioner,            
          T.C. Memo. 2000-48, affd. 8 Fed. Appx. 66 (2d Cir. 2001); Wilson            
          v. Commissioner, T.C. Memo. 1994-454; Avery v. Commissioner, T.C.           
          Memo. 1993-344.                                                             
               Applying these considerations to this case, we conclude that           
          petitioner fraudulently intended to underpay tax for each of the            
          years in issue.  The record demonstrates that petitioner                    
          understated his income, maintained inadequate records, engaged in           
          illegal activities, and dealt in cash.  Moreover, the convictions           
          under section 7206(1) are highly probative.  The logical                    
          inference to be drawn from such circumstances is that petitioner            
          structured his affairs with a purpose of avoiding his Federal tax           






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