- 7 - such circumstantial evidence as: (1) understatement of income; (2) inadequate records; (3) failure to file tax returns; (4) implausible or inconsistent explanations of behavior; (5) concealing assets; and (6) failure to cooperate with tax authorities. Spies v. United States, 317 U.S. 492, 499 (1943); Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986), affg. T.C. Memo. 1984-601. But we begin with what we think is the most important bit of evidence in support of the Commissioner’s position: In their criminal plea agreements, Mr. Chen admitted that he conspired to commit fraud and Mrs. Chen admitted to “act[ing] with a specific intent to commit fraud.” They also both pleaded guilty under section 7206(1) to willfully filing their 1998 income tax return knowing it was false because it did not include the proceeds of their fraud. (We specifically note, with regard to Mrs. Chen, that the plea agreement has a certificate of accurate translation and that Mrs. Chen did not attack her consent to the plea agreement.) It is true that this is not enough for the Commissioner to win on this issue through collateral estoppel--the fraud penalty requires proof of an intent to evade taxes, and we held in Wright v. Commissioner, 84 T.C. 636, 643 (1985), that a conviction under section 7206(1) establishes as a matter of law only an intent to falsify a tax return. But a conviction for willful falsificationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011