St. Luc Valbrun - Page 5

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          as an intentional wrongdoing designed to evade tax believed to be           
          owing.  Edelson v. Commissioner, 829 F.2d 828, 833 (9th Cir.                
          1987), affg. T.C. Memo. 1986-223.  The Commissioner must prove              
          fraud by clear and convincing evidence.  Rule 142(b).                       
               To satisfy this burden, the Commissioner must show (1) that            
          an underpayment exists, and (2) that the taxpayer intended to               
          evade taxes known to be owing by conduct intended to conceal,               
          mislead, or otherwise prevent the collection of taxes.  Parks v.            
          Commissioner, 94 T.C. 654, 660-661 (1990).                                  
               The existence of fraud is a question of fact to be resolved            
          upon consideration of the entire record.  DiLeo v. Commissioner,            
          96 T.C. 858, 874 (1991), affd. 959 F.2d 16 (2d Cir. 1992).  Fraud           
          is never presumed and must be established by independent evidence           
          of fraudulent intent.  Edelson v. Commissioner, supra.  Fraud may           
          be shown by circumstantial evidence because direct evidence of              
          the taxpayer’s fraudulent intent is seldom available.  Gajewski             
          v. Commissioner, 67 T.C. 181, 199 (1976), affd. without published           
          opinion 578 F.2d 1383 (8th Cir. 1978).  The taxpayer’s entire               
          course of conduct may establish the requisite fraudulent intent.            
          Stone v. Commissioner, 56 T.C. 213, 223-224 (1971).                         
               To decide whether the fraud penalty is applicable, courts              
          consider several indicia of fraud, or “badges of fraud”, which              
          include:  (1) Understatement of income; (2) inadequate books and            
          records; (3) failure to file tax returns; (4) implausible or                






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