John Marretta - Page 12

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          T.C. 661, 700 (1989).  A pattern of consistent underreporting of            
          income, particularly when accompanied by other circumstances                
          exhibiting an intent to conceal, justifies the inference of                 
          fraud.  Parks v. Commissioner, 94 T.C. 654, 664 (1990).                     
               Respondent argues that the following factors or “badges” of            
          fraud are present in this case:  (1) Admission of fraud by the              
          taxpayer; (2) concealing income from a taxpayer’s tax return                
          preparer; and (3) engaging in a pattern of behavior that                    
          indicates an intent to mislead or conceal.  See Bradford v.                 
          Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo.           
          1984-601; Parks v. Commissioner, supra at 664-665.                          
               As stated above, at petitioner’s plea hearing, petitioner              
          admitted:  (1) At the time he filed his 1992 Federal income tax             
          return, he knew that he had received approximately $41,600 in               
          total monthly profit income on his CNC investments in 1992; (2)             
          he failed to report this income on his 1992 return so that he               
          would not have to pay income tax on that amount; (3) at the time            
          he filed his 1993 Federal income tax return, he knew that he had            
          received approximately $109,663 in total monthly profit income on           
          his CNC investments in 1993; (4) he failed to report this income            
          on his 1993 return so that he would not have to pay income tax on           
          that amount; (5) at the time he filed his 1994 Federal income tax           
          return, he knew that he had received approximately $127,509 in              
          total monthly profit income on his CNC investments in 1994; (6)             






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