- 16 - and Social Security numbers;17 petitioner’s failure to make estimated tax payments; and petitioner’s failure to cooperate with respondent’s agents’ attempts to reconstruct his income. Bradford v. Commissioner, supra at 308; DiLeo v. Commissioner, supra at 875; Petzoldt v. Commissioner, supra at 701-702. Petitioner has not presented any persuasive evidence to rebut respondent’s proof of fraud. Mr. Davidson testified that his review of petitioner’s bank records did not reveal any evidence “that would give rise to a claim of fraud, insofar as intentional withholding of information or anything of that sort.” Other than Mr. Davidson’s comments, the only evidence petitioner offered was his own testimony denying that he committed fraud. The badges of fraud contained in petitioner’s deemed admissions strongly indicate that petitioner intended to conceal his income and avoid paying taxes. We conclude that respondent has met his burden of proof, establishing by clear and convincing evidence that all of petitioner’s underpayments for 1982 through 1987 were attributable to fraud. Petitioner is liable for 17At trial, respondent stated that the deemed admissions relevant to the fraud issue contained information directly taken from the criminal indictment. The record lacks additional details about petitioner’s criminal conviction, making it unclear whether the conspiracy and bank fraud charges related to work that petitioner performed for a client or pertained solely to petitioner’s personal financial activities and whether the charges covered all of the years at issue. Regardless, however, of the period or the activities covered by petitioner’s criminal case, sufficient indicia of fraud still exist to support a finding of fraud for each of the years at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011