- 17 - (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 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011