- 36 - (1) Understatement of income; (2) inadequate records; (3) failure to file tax returns; (4) implausible or inconsistent explanations of behavior; (5) concealing assets; (6) failure to cooperate with tax authorities; (7) engaging in illegal activities; and (8) dealing in large amounts of cash. See Edelson v. Commissioner, 829 F.2d 828, 832 (9th Cir. 1987); Bradford v. Commissioner, supra at 307-308; Baker v. Commissioner, T.C. Memo. 1991-340, affd. without published opinion 9 F.3d 1550 (9th Cir. 1993). While the underreporting of income itself may be insufficient to support a finding of fraud, “repeated understatements in successive years when coupled with other circumstances showing an intent to conceal or misstate taxable income present a basis on which the Tax Court may properly infer fraud.” Furnish v. Commissioner, 262 F.2d 727, 728 (9th Cir. 1958), affg. in part and remanding in part 29 T.C. 279 (1957). Consistent, substantial understatements of income for several years is highly persuasive evidence of intent to defraud the Government. Powell v. Granquist, supra at 60. If respondent establishes that any portion of an underpayment is attributable to fraud, the entire underpayment isPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011