- 27 - A. Underpayment of Tax Petitioner did not report or pay income tax on the $1,149,048 of income received as a dividend from BBL in 1996. She does not contest this, instead arguing that the money was in fact stolen by Beaudry and that she therefore should not have to pay tax on it. This argument is not supported by credible evidence in the record. We are clearly convinced on the record before us that petitioner was the only actual shareholder of BBL and that she caused the $1,149,048 to be transferred in 1996 from BBL to her personal accounts. We conclude that petitioner received those funds as a dividend from BBL in 1996 and that her failure to pay taxes on that dividend resulted in an underpayment of her 1996 Federal income tax. B. Intent To Evade Tax Fraud requires a clear and convincing showing that the taxpayer intended to evade a tax known or believed to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of tax. Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968). This intent may be proven by circumstantial evidence because direct proof of a taxpayer’s intent is rarely available. Reasonable inferences may be drawn from the relevant facts. See Spies v. United States, 317 U.S. 492, 499 (1943); Stephenson v. Commissioner, 79 T.C. 995 (1982), affd. 748 F.2d 331 (6th Cir. 1984).Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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