- 22 - amended returns indicate that petitioner did not keep adequate business records and that his inadequate record keeping constitutes an indicium of fraud. Niedringhaus v. Commissioner, 99 T.C. at 211 (1992). “The sophistication, education, and intelligence of the taxpayer are relevant to determining fraudulent intent.” Sadler v. Commissioner, 113 T.C. 99, 104 (1999); see Niedringhaus v. Commissioner, supra at 211; see Scallen v. Commissioner, T.C. Memo. 1987-412, affd. 877 F.2d 1364 (8th Cir. 1989). Throughout the years in issue, petitioner was an attorney, and we may consider this fact in deciding whether petitioner acted with fraudulent intent. Petitioner began his legal career as an Assistant United States Attorney, charged with the duty to enforce the laws of the United States. After serving as an Assistant United States Attorney, petitioner engaged in private practice as a criminal defense lawyer. We conclude that petitioner’s professional experiences provided him with knowledge that engaging in a pattern of consistently failing to report significant amounts of income is unlawful and that he has a legal obligation to accurately report income. Petitioner contends that a section 6663(a) penalty should not be levied against him for his 1990 taxable year. We conclude that petitioner’s contention is without merit. Petitioner pleaded guilty to an attempt to evade or defeat tax pursuant toPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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