- 44 - Commissioner, 763 F.2d 1139, 1143 (10th Cir. 1985), affg. T.C. Memo. 1984-152 (quoting 10 Mertens, Law of Federal Income Taxation, sec. 55.10, at 46 (1984)). A taxpayer’s background and the context of the events in question may be considered in determining fraudulent intent. Plunkett v. Commissioner, 465 F.2d 299 (7th Cir. 1972), affg. T.C. Memo. 1970-274; see Temple v. Commissioner, supra (a taxpayer’s level of education and his prior history of filing income tax returns are relevant to the inquiry). Because it is difficult to prove fraudulent intent by direct evidence, fraud can be inferred from various kinds of circumstantial evidence. Courts describe these “badges of fraud” as including the following: (1) Understatement of income;51 (2) failing to maintain adequate records; (3) failure to file tax returns; (4) implausible or inconsistent explanations; (5) concealment of assets; (6) failure to cooperate with tax authorities; (7) the filing of false documents; (8) making of false and inconsistent statements to revenue agents; (9) concealing income from a taxpayer’s tax preparer; and (10) 51“The consistent understatement of large amounts of income for a number of years is evidence of willful intent to evade.” Otsuki v. Commissioner, 53 T.C. 96, 108 (1969). In Holland v. United States, 348 U.S. 121, 139 (1954), “the Supreme Court declared that ‘evidence of a consistent pattern of underreporting large amounts of income’ will support ‘an inference of willfulness’”. Otsuki v. Commissioner, supra at 108.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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