- 22 - independent evidence. Recklitis v. Commissioner, supra at 910; Castillo v. Commissioner, supra; Beaver v. Commissioner, 55 T.C. 85, 92 (1970). Because, however, direct proof of a taxpayer’s intent is often not available, fraud may be proved by circumstantial evidence. Grossman v. Commissioner, supra at 277; Boyett v. Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg. a Memorandum Opinion of this Court; Castillo v. Commissioner, supra; Stephenson v. Commissioner, 79 T.C. 995, 1005-1006 (1982), affd. 748 F.2d 331 (6th Cir. 1984); Gajewski v. Commissioner, supra at 200. The taxpayer’s entire course of conduct may establish the requisite fraudulent intent. Spies v. United States, 317 U.S. 492 (1943); Castillo v. Commissioner, supra; Gajewski v. Commissioner, supra; Stone v. Commissioner, supra at 223-224. Over the years, courts have developed a nonexclusive list of factors that demonstrate fraudulent intent. These “badges of fraud” include: (1) Understating income; (2) maintaining inadequate records; (3) failing to file tax returns; (4) implausible or inconsistent explanations of behavior; (5) concealment of income or assets; (6) failing to cooperate with tax authorities; (7) engaging in illegal activities; (8) an intent to mislead which may be inferred from a pattern of conduct; (9) lack of credibility of the taxpayer’s testimony; (10) filing false documents; and (11) dealing in cash. Spies v.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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