- 9 - file if they could pay the tax owing. Respondent contends, and we are persuaded, that petitioner’s failure to file an income tax return for 1995 is evidence of fraud. Consistent failure to report substantial amounts of income over a number of years is, standing alone, highly persuasive evidence of fraudulent intent. See Kurnick v. Commissioner, 232 F.2d 678 (6th Cir. 1956), affg. T.C. Memo. 1955-31; Temple v. Commissioner, T.C. Memo. 2000-337, affd. 62 Fed. Appx. 605 (6th Cir. 2003). Here, when the Masons’ income tax returns for 1993, 1994, and 1995 were eventually filed, they reported adjusted gross income of $107,336, $148,221, and $97,064 respectively. Respondent argues, and we agree, that this failure to report such substantial income is evidence of fraud. Concealing assets or income is also an indicium of fraud. Douge v. Commissioner, supra; Bradford v. Commissioner, 796 F.2d 303 (9th Cir. 1986); Recklitis v. Commissioner, supra at 910. Respondent contends, and we agree, that petitioner took affirmative steps to conceal his income and assets. Petitioner had no bank account in his name. He used bank accounts solely in his wife’s name or in the name of El Dorado. He also transferred all of his various business interests and his residence to various trusts to conceal his assets and frustrate respondent’s collection efforts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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