- 10 - from circumstantial evidence. See id.; Traficant v. Commissioner, 884 F.2d 258, 264 (6th Cir. 1989), affg. and remanding 89 T.C. 501 (1987). Courts have looked to several items of circumstantial evidence–-often referred to as “badges of fraud”–-in determining whether the taxpayer acted fraudulently. The items relevant in the instant case are: (1) The understatement of income over an extended period of time, (2) failure to maintain adequate books and records, (3) dealing in cash and cashier’s checks, (4) concealment of assets, and (5) filing false tax returns. See Conti v. Commissioner, 39 F.3d 658, 662 (6th Cir. 1994), affg. and remanding 99 T.C. 370 (1992); Smith v. Commissioner, 926 F.2d 1470, 1479 (6th Cir. 1991), affg. 91 T.C. 1049 (1988); Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601; Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. T.C. Memo. 1982-603; Petzoldt v. Commissioner, 92 T.C. at 700; Wright v. Commissioner, 84 T.C. 636, 643-644 (1985). Although no single factor is necessarily sufficient to establish fraud, the existence of several indicia constitutes persuasive evidence of fraud. See Solomon v. Commissioner, supra at 1461; Petzoldt v. Commissioner, supra at 700. We are convinced after applying these criteria to Mr. Hamilton’s situation that Mr. Hamilton’s underpayment of taxes was due to fraud. First, Mr. Hamilton’s failure to report the amounts received in the numerous transactions with FidelityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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