Thomas Rice - Page 16

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          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.                               




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