- 16 - Commissioner, 96 T.C. 858, 874 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Recklitis v. Commissioner, 91 T.C. 874, 909 (1988). Fraud is rarely established by direct evidence, and various kinds of circumstantial evidence may be relied upon to establish fraud. Bradford v. Commissioner, supra at 307; Stone v. Commissioner, 56 T.C. 213, 224 (1971). Courts have developed several indicia, or “badges of fraud”, from which fraud may be inferred. See Bradford v. Commissioner, supra at 307-308; Clayton v. Commissioner, supra at 647; Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992). Although no single badge is necessarily sufficient to establish fraud, the existence of several badges may be persuasive circumstantial evidence of fraud. Niedringhaus v. Commissioner, supra. Respondent argues the following badges of fraud are present: (1) Failing to file tax returns; (2) understating income; (3) maintaining inadequate books and records; (4) sophistication in business affairs; (5) concealing assets; (6) dealing in large amounts of cash; (7) engaging in illegal activities; and (8) failing to make estimated tax payments.5 Petitioner’s plea of guilty to three counts under section 7203 conclusively establishes petitioner’s willful failure to file tax returns in 1993, 1994, and 1996, which is a badge of 5 Respondent framed the badges of fraud in a different manner. However, several of the badges alleged by respondent were repetitive, and are thus listed only once.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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