- 11 - Petitioner’s explanation is implausible in light of his testimony that he does not have a will and his wife did not have a will when she died. Removing assets from respondent’s reach by transferring them to a trust has been held to be an affirmative act of fraud. See Simmons v. Commissioner, T.C. Memo. 1997-269. We find that the transfer of the personal residence and business interests to the trusts and his implausible explanation are both evidence of fraud. Petitioner next argues that transferring his assets to various trusts was not fraudulent because he used his own Social Security number as the trusts’ taxpayer identification number and he continued to live in the residence after the conveyance to the trust. These contentions do not persuade us, however, that petitioner’s intent was to comply with respondent’s collection efforts when considered in conjunction with all of petitioner’s actions during the relevant period. We find that petitioner transferred his assets to various trusts to hinder respondent’s collection efforts, and such action therefore is evidence of fraud. Most of the badges of fraud that this Court customarily relies on are present in this case. There is a pattern of failing to file income tax returns, understating income, failing to cooperate with tax authorities, making frivolous arguments, failing to make estimated tax payments, concealing assets andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011