- 84 - On this record, petitioner’s conduct evidences an intent to conceal income and assets to mislead respondent for the purpose of evading tax. 7. Failure To Cooperate With Tax Authorities Petitioner was not cooperative or forthright with respondent. Throughout the examination and pretrial stages of this case petitioner resisted disclosure of documentation and information requested by respondent directly related to his employment and his relation to his purported employer. When responding to questions, he gave contradictory and misleading answers. On this record, petitioner failed to cooperate with the tax authorities. 8. Underpayment Attributable to Fraud After consideration of all the relevant factors, the Court concludes respondent proved by clear and convincing evidence that petitioner’s underpayments of tax with respect to the funds wire transferred to him in the years at issue were attributable to fraud under section 6663(a). Therefore, the underpayment of tax attributable to the gains petitioner recognized from the sales of the Vancouver and Black Butte properties are also attributable to fraud unless he can establish by a preponderance of the evidencePage: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 NextLast modified: March 27, 2008