IRS Tax Attorney

IRS Tax Attorney

John M. Potter v. Commissioner. U.S. Tax Court, Dkt. No. 10730-12, TC Memo. 6663 fraud penalties for four years at issue. The IRS set up that there was some underpayment for each tax year and that some part of the underpayment for each year was due to fraud. The taxpayer acknowledged that he intentionally underreported his income. He underreported income for multiple years both to evade corporate-level income tax and his own income to conceal that he was skimming hundreds of thousands of dollars annually to his personal bank-account.

He preserved two pieces of books for both himself and for his club that were evidence of fraudulent purpose. Stephen J. Dunn, for petitioner; John W. Stevens, for respondent. “If any part of any underpayment of tax required to be shown on the return is because of fraud,” section 6663(a) imposes a penalty of 75% of the portion of the underpayment due to scams. Respondent gets the burden of showing fraud, and he must prove it by clear and convincing evidence.

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509 F.3d 736, 743 (6th Cir. T.C. Memo. 2012-79, 103 T.C.M. 62 Fed. Appx. 605 (6th Cir. We use the second element of the charges, fraudulent intent. Fraud is intentional wrongdoing designed to evade tax thought to be owing. 116 T.C. 79, 86 (2001). The existence of fraud is a question of fact to be resolved upon consideration of the entire record.

69 T.C. 391, 400 (1977). Fraud is not to be presumed or based on mere suspicion. However, because direct proof of a taxpayer’s intent is rarely available, deceptive intent might be set up by circumstantial proof. 182 F.3d 275, 277-78 (4th Cir. The taxpayer’s whole course of conduct may be examined to establish the requisite intention, and a purpose to mislead may be inferred from a pattern of carry out.

394 F.2d 366, 379 (5th Cir. T.C. Memo. 2003-332, 86 T.C.M. 419 F.3d 829 (8th Cir. No single factor is dispositive; however, the lifestyle of several factors “is persuasive circumstantial evidence of fraud.” Vanover v. Commissioner, 103 T.C.M. Some factors haven’t any program here. For example, because this case was submitted on stipulated, petitioner had no occasion to testify and his credibility can’t be evaluated. Other factors might be regarded as natural.

After thorough review of the record, we conclude on balance that the “badges of fraud” overwhelmingly demonstrate that petitioner acted with fraudulent intent for every tax calendar year at issue. A design of substantially underreporting income for multiple years is strong proof scams, particularly if the understatements are not explained satisfactorily.

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