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Badges of Fraud
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Unfiled Tax Returns & Non-Filer Cases
"Badges of fraud" commonly used by taxpayers to deceive or defraud the
government include the following:

Badges of Fraud - Income
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Omissions of specific items where similar items are included.
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Omissions of entire sources of income.
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Unexplained failure to report substantial amounts of income determined to
have been received.
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Substantial unexplained increases in net worth, especially over a period
of years.
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Substantial excess of personal expenditures over available resources.
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Bank deposits from unexplained sources substantially exceeding reported
income.
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Concealment of bank accounts, brokerage accounts, and other property.
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Inadequate explanation for dealing in large sums of currency or the
unexplained expenditure of currency.
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Consistent concealment of unexplained currency, especially in a business
not calling for large amounts of cash.
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Failure to deposit receipts to business account, contrary to normal
practices.
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Failure to file a return, especially for a period of several years
although substantial amounts of taxable income were received.
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Covering up sources of receipts by false description of source of
disclosed income and/or nontaxable receipts.
Badges of Fraud - Expense or Deductions
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Substantial overstatement of deductions.
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Substantial amounts of personal expenditure deducted as business expenses.
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Claiming fictitious deductions.
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Dependency exemption claimed for non-existent, deceased, or
self-supporting persons.
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Loans of trust funds disguised as purchases or deductions.
Badges of Fraud -
Books and Records
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Keeping two sets of books or no books.
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False entries or alterations made on the books and records; backdated or
postdated documents; false invoices, applications, or statements, other false
documents, or applications.
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Failure to keep adequate records, concealment of records, or refusal to
make certain records available.
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Variances between treatments of questionable items on the return as
compared with books.
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Intentional under or over footing of columns in journal or ledger.
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Amounts on return not in agreement with amounts in books.
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Amounts posted to ledger accounts not in agreement with source books or
records.
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Journalizing of questionable items out of correct amount.
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False receipts to donors by exempt organizations.
Badges of Fraud - Allocations of Income
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Distribution of profits to fictitious partners.
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Inclusion of income or deductions in the return of a related taxpayer,
when difference in tax rates is a factor.
Badges of Fraud - Conduct of Taxpayer
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False statement, especially if made under oath, about a material fact
involved in the examination.
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Attempts to hinder the examination. For example, failure to answer
pertinent questions, repeated cancellations of appointments, or refusal to
provide records.
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The taxpayer’s knowledge of taxes and business practice where numerous
questionable items appear on the returns.
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Testimony of employees concerning irregular business practices by the
taxpayer.
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Destruction of books and records, especially if just after examination was
started.
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Transfer of assets for purposes of concealment or diversion of funds
and/or assets by officials or trustees.
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Patterns of consistent failure over several years to report income fully.
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Proof the return was incorrect to such an extent and in respect to items
of such character and magnitude as to compel the conclusion the falsity was
known and deliberate.
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Payment of improper expenses by or for officials or trustees.
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Willful and intentional failure to execute plan amendments.
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Backdating of applications and related documents.
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Making false statements on EP/EO determination letter applications.
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Use of false social security numbers.
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Submission of false Form W-4.
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Submitting a false affidavit.
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Attempts to bribe the examiner.
Badges of Fraud -
Methods of Concealment
- Inadequacy of consideration.
- Insolvency of transferor.
- Assets placed in other names.
- Transfer of all or nearly all of debtors' property.
- Close relationship between parties to the transfer.
- Transfer made in anticipation of a tax assessment or while the
investigation of a deficiency is pending.
- Reservation of any interest in the property transferred.
- Transaction not in the usual course of business.
- Retention of possession.
- Transactions surrounded by secrecy.
- False entries in books of transferor or transferee.
- Unusual disposition of the consideration received for the property.
- Use of secret bank accounts for income.
- Deposits into bank accounts under nominee names.
- Conduct of business transactions in false names.
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