Badges of Fraud

> 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

  • Omissions of specific items where similar items are included.

  • Omissions of entire sources of income.

  • Unexplained failure to report substantial amounts of income determined to have been received.

  • Substantial unexplained increases in net worth, especially over a period of years.

  • Substantial excess of personal expenditures over available resources.

  • Bank deposits from unexplained sources substantially exceeding reported income.

  • Concealment of bank accounts, brokerage accounts, and other property.

  • Inadequate explanation for dealing in large sums of currency or the unexplained expenditure of currency.

  • Consistent concealment of unexplained currency, especially in a business not calling for large amounts of cash.

  • Failure to deposit receipts to business account, contrary to normal practices.

  • Failure to file a return, especially for a period of several years although substantial amounts of taxable income were received.

  • Covering up sources of receipts by false description of source of disclosed income and/or nontaxable receipts.

Badges of Fraud - Expense or Deductions

  • Substantial overstatement of deductions.

  • Substantial amounts of personal expenditure deducted as business expenses.

  • Claiming fictitious deductions.

  • Dependency exemption claimed for non-existent, deceased, or self-supporting persons.

  • Loans of trust funds disguised as purchases or deductions.

Badges of Fraud - Books and Records

  • Keeping two sets of books or no books.

  • False entries or alterations made on the books and records; backdated or postdated documents; false invoices, applications, or statements, other false documents, or applications.

  • Failure to keep adequate records, concealment of records, or refusal to make certain records available.

  • Variances between treatments of questionable items on the return as compared with books.

  • Intentional under or over footing of columns in journal or ledger.

  • Amounts on return not in agreement with amounts in books.

  • Amounts posted to ledger accounts not in agreement with source books or records.

  • Journalizing of questionable items out of correct amount.

  • False receipts to donors by exempt organizations.

Badges of Fraud - Allocations of Income

  • Distribution of profits to fictitious partners.

  • 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

  • False statement, especially if made under oath, about a material fact involved in the examination.

  • Attempts to hinder the examination. For example, failure to answer pertinent questions, repeated cancellations of appointments, or refusal to provide records.

  • The taxpayer’s knowledge of taxes and business practice where numerous questionable items appear on the returns.

  • Testimony of employees concerning irregular business practices by the taxpayer.

  • Destruction of books and records, especially if just after examination was started.

  • Transfer of assets for purposes of concealment or diversion of funds and/or assets by officials or trustees.

  • Patterns of consistent failure over several years to report income fully.

  • 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.

  • Payment of improper expenses by or for officials or trustees.

  • Willful and intentional failure to execute plan amendments.

  • Backdating of applications and related documents.

  • Making false statements on EP/EO determination letter applications.

  • Use of false social security numbers.

  • Submission of false Form W-4.

  • Submitting a false affidavit.

  • 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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