- 6 - I. Fraud Penalty To sustain his determination of civil fraud, respondent must show, by clear and convincing evidence, that petitioner intended to evade taxes known or believed to be owing by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes. Secs. 6663(b), 7454(a); Rule 142(b); see Stoltzfus v. United States, 398 F.2d 1002, 1004 (3d Cir. 1968); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983). The existence of fraud is a question of fact to be resolved upon consideration of the entire record. Estate of Pittard v. Commissioner, 69 T.C. 391 (1977); Gajewski v. Commissioner, 67 T.C. 181, 199-200 (1976), affd. without published opinion 578 F.2d 1383 (8th Cir. 1978). Fraud is not to be presumed or based upon mere suspicion. Wainwright v. Commissioner, T.C. Memo. 1993-302 (citing Carter v. Campbell, 264 F.2d 930, 935 (5th Cir. 1959)). Because direct evidence of a taxpayer’s intent is rarely available, however, fraud may be proven by circumstantial evidence and reasonable inferences drawn from the facts. Spies v. United States, 317 U.S. 492 (1943); Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992); Otsuki v. Commissioner, 53 T.C. 96, 106 (1969). Petitioner’s scheme to defraud the Kieffers was reprehensible, but respondent has not convinced us that petitioner had any specific intent to evade taxes. In thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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