- 33 - Commissioner, 91 T.C. 874, 909 (1988). Fraud is never presumed and must be established by independent evidence of fraudulent intent. Petzholdt v. Commissioner, supra at 699; Recklitis v. Commissioner, supra at 909-910. The taxpayer’s entire course of conduct can be indicative of fraud. Stone v. Commissioner, 56 T.C. 213, 224 (1971). As direct proof of a taxpayer’s intent is seldom available, fraud may be established by circumstantial evidence and reasonable inferences drawn from the record. Stoltzfus v. United States, supra at 1005; DiLeo v. Commissioner, supra at 874. Courts have developed a nonexclusive list of factors, or “badges” of fraud, that support a finding of fraudulent intent. See Spies v. United States, 317 U.S. 492, 499 (1943); Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601. Although no single factor may be necessarily sufficient to establish fraud, the existence of several indicia may be persuasive circumstantial evidence of fraud. Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. T.C. Memo. 1982-603. The “badges” of fraud include: (1) Understating income; (2) maintaining inadequate records; (3) failing to file tax returns; (4) providing implausible or inconsistent explanations of behavior; (5) concealing income or assets; (6) failing to cooperate with tax authorities; (7) engaging in illegalPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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