- 38 - 5. Filing False Returns Filing a false income tax return may be evidence that the taxpayer fraudulently intended to evade taxes. Bradford v. Commissioner, 796 F.2d at 308; Wright v. Commissioner, supra at 643-644. In the plea agreements in their criminal tax proceedings, petitioners admitted that they filed false tax returns for 1987, 1988, and/or 1989 and omitted substantial income from those returns with the intent to evade taxes. They failed to submit credible evidence to contradict those admissions or show that they filed the false returns for any reason other than to evade taxes they knew to be owing. Petitioners’ filing of false tax returns each year is a strong indication of fraudulent intent with respect to those years. See Klassie v. United States, 289 F.2d at 102. 6. Pattern of Behavior Which Indicates Intent to Mislead A taxpayer’s course of conduct or a pattern of conduct may establish, by inference, an intent to conceal or mislead. Spies v. United States, supra at 499; Webb v. Commissioner, 394 F.2d at 379; Otsuki v. Commissioner, 53 T.C. at 105-106. Mr. Del Bosque admitted in his plea agreement in his criminal tax proceeding that he schemed with Mr. Jacobsen to hide income and evade taxes, filed false tax returns for 1987, 1988, and 1989 in furtherance of that scheme, and omitted substantialPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011