James O. Jondahl - Page 21

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         inferences from the facts.  Petzoldt v. Commissioner, 92 T.C.                
         661, 699 (1989).  Courts have developed a nonexclusive list of               
         factors, or “badges of fraud”, that demonstrate fraudulent                   
         intent.  Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992).              
         These badges of fraud include:  (1) Understating income, (2)                 
         maintaining inadequate records, (3) implausible or inconsistent              
         explanations of behavior, (4) concealment of income or assets,               
         (5) failing to cooperate with tax authorities, (6) engaging in               
         illegal activities, (7) an intent to mislead which may be                    
         inferred from a pattern of conduct, (8) lack of credibility of               
         the taxpayer’s testimony, (9) filing false documents, (10)                   
         failing to file tax returns, and (11) dealing in cash.  Id.; see             
         also Spies v. United States, 317 U.S. 492, 499 (1943); Recklitis             
         v. Commissioner, 91 T.C. 874, 910 (1988).  Although no single                
         factor is necessarily sufficient to establish fraud, the                     
         combination of a number of factors constitutes persuasive                    
         evidence.  Niedringhaus v. Commissioner, supra at 211.                       
         Respondent must prove fraud for each year at issue.  See id. at              
         210; Ferguson v. Commissioner, T.C. Memo. 2004-90.                           
              Respondent has shown by clear and convincing evidence that              
         at least portions of the understatements on petitioner’s returns             
         for 1990, 1991, 1992, and 1993 are due to fraud.  We believe                 
         petitioner took possession of Taxman’s cash receipts for his own             
         personal use with the intent to evade taxes on that income.                  






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