Donald R. Cooley and Cathy A. Cooley - Page 18

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         Memo. 1996-482, affd. without published opinion 149 F.3d 1183                
         (6th Cir. 1998); Katerelos v. Commissioner, T.C. Memo. 1996-340.             
         Petitioner’s amended returns, for the years in issue, are                    
         admissions of underpayments because the amended returns reported             
         far more income than reported on the original returns.                       
               We next decide whether petitioner’s underpayments of tax for           
         the years in issue were due to fraud, which is a question of fact            
         that must be considered based on an examination of the entire                
         record and petitioner’s entire course of conduct.  Petzoldt v.               
         Commissioner, 92 T.C. 661, 699 (1989);  Recklitis v.                         
         Commissioner, 91 T.C. 874, 910 (1988); see also Rowlee v.                    
         Commissioner, 80 T.C. 1111, 1123 (1983).  Fraud is never presumed            
         and must be established by independent evidence of fraudulent                
         intent.  See Petzoldt v. Commissioner, supra at 699; Recklitis v.            
         Commissioner, supra at 910.  Fraud may be proven by                          
         circumstantial evidence, and reasonable inferences may be drawn              
         from the facts because direct evidence is rarely available.                  
         Delvecchio v. Commissioner, supra; see DiLeo v. Commissioner, 96             
         T.C. 858, 874 (1991), affd. 959 F.2d 16 (2d Cir. 1992); see also             
         Petzoldt v. Commissioner, supra at 699.                                      
               Circumstantial evidence that may give rise to a finding of             
         fraud includes:  (1) Understatement of income; (2) inadequate                
         records; (3) failure to file tax returns; (4) providing                      
         implausible or inconsistent explanations of behavior; (5)                    
         concealment of assets; (6) failure to cooperate with taxing                  





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