- 28 - Courts have relied on certain indicia (badges) of fraud in deciding whether a taxpayer had the requisite fraudulent intent. These badges include: (1) Understating income, (2) maintaining inadequate records, (3) failing to file tax returns, (4) giving implausible or inconsistent explanations of behavior, (5) concealing assets, (6) failing to cooperate with tax authorities, (7) engaging in illegal activities, (8) attempting to conceal illegal activities, and (9) dealing in cash. Recklitis v. Commissioner, 91 T.C. 874, 910 (1988); see also Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601. These badges are nonexclusive. Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992). The taxpayer’s education and business background are also relevant to the determination of fraud. Id. Bearing these general principles in mind, we turn to the indicia of fraud that are relevant to the instant case. The presence of several badges is persuasive circumstantial evidence of fraud. Beaver v. Commissioner, supra at 93. 1. Understating Income Understating income is indicative of fraudulent intent. Bradford v. Commissioner, supra. Petitioner understated the 1996 gross income. The existence of that understatement was clearly and convincingly established by respondent at trial, where respondent showed that BBL’s incomePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011