Harvey L. Hoover - Page 33

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          authorities; (3) inadequate books and records; (4) concealing               
          assets; (5) filing false documents; and (6) implausible or                  
          inconsistent explanations of behavior.  Spies v. United States,             
          supra at 499; Bradford v. Commissioner, 796 F.2d 303, 307-308               
          (9th Cir. 1986), affg. T.C. Memo. 1984-601; DiLeo v.                        
          Commissioner, supra at 875.  While no single indicium is                    
          necessary or sufficient to find fraud, the existence of several             
          of these factors is persuasive circumstantial evidence of                   
          fraudulent intent.  Petzoldt v. Commissioner, supra at 700.                 
               Petitioner consistently understated his income by                      
          substantial amounts for the years 1990, 1991, and 1992.                     
               Petitioner failed to cooperate with tax authorities.                   
          Petitioner’s effort to prevent respondent from obtaining                    
          information from the H&R Block employee shows that he attempted             
          to impede respondent’s investigation and indicates that                     
          petitioner intended to evade taxes.  See Truesdell v.                       
          Commissioner, 89 T.C. 1280, 1303 (1987) (finding that the                   
          taxpayer’s “interference with * * * [the Commissioner’s]                    
          investigation is also indicative of his intent to conceal the               
          diverted income and evade tax”).  Also, as discussed supra,                 
          petitioner did not submit any books or records to respondent’s              
          agent during the course of the examination of his 1990, 1991, and           
          1992 income tax returns.                                                    







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