- 14 - The taxpayer's background and the context of the events in question may be considered as circumstantial evidence of fraud. Spies v. United States, supra at 497; Plunkett v. Commissioner, supra at 303. The instant case involves numerous badges of fraud. Petitioner is an intelligent and well-educated businessman, who prior to 1999 complied with applicable tax laws. Petitioner failed to file tax returns or make tax payments in taxable years 1999 through 2002. Petitioner attempted to conceal assets and income in a sham trust. Petitioner failed to cooperate with reasonable requests for documents. We conclude that the record shows by clear and convincing evidence that petitioner understated his income and that there are sufficient badges of fraud to show that petitioner fraudulently intended to understate his income. We therefore hold that petitioner is liable for the fraud penalty pursuant to section 6651(f) for taxable years 1999, 2000, and 2001. Pursuant to section 7491(c), respondent bears the burden of production with respect to the additions to tax under sections 6651(a)(1), 6651(a)(2), and 6654. Consequently, respondent must produce sufficient evidence to demonstrate that the addition to tax is appropriate. See Higbee v. Commissioner, 116 T.C. 438, 446Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011