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Grudin v. C. I. R

United States Court of Appeals, Ninth Circuit
May 17, 1976
536 F.2d 295 (9th Cir. 1976)

Opinion

No. 75-1260.

May 17, 1976.

Bruce I. Hochman of Hochman, Salkin DeRoy, Los Angeles, Cal., for appellants.

Gilbert E. Andrews, Chief, Appellate Section, IRS, Washington, D.C., for appellee.

Appeal from the United States Tax Court.

Before ELY and WALLACE, Circuit Judges, and ORRICK, District Judge.

Honorable William H. Orrick, Jr., United States District Judge, Northern District of California, sitting by designation.



OPINION


The taxpayer is a dentist. In 1969 he was convicted after having pleaded guilty to wilfully and knowingly attempting to evade federal income taxes for the year 1964. Additionally, the Commissioner of Internal Revenue determined that the taxpayer's income tax returns for 1962, 1963, 1964, and 1965 were fraudulent under the civil fraud provisions of 26 U.S.C. § 6653. The taxpayer perfected an appeal to the Tax Court of the United States, which court sustained the Commissioner's determination of fraud in all respects. Leo and Harriette Grudin, 43 P-H Tax.Ct.Mem.Dec. 1039 (1974).

Here, the taxpayer challenges only the finding of fraud for the year 1962.

The taxpayer's principal contention is that there was no direct evidence of fraud on his part. It is well settled, however, that fraud may be established by circumstantial evidence. Klassie v. United States, 289 F.2d 96, 103 (8th Cir. 1961); Powell v. Granquist, 252 F.2d 56, 61 (9th Cir. 1958). See Ruark v. Commissioner of Internal Revenue, 449 F.2d 311, 313 (9th Cir. 1971). Compare Factor v. Commissioner of Internal Revenue, 281 F.2d 100, 111 (9th Cir. 1960), cert. denied, 364 U.S. 933, 81 S.Ct. 380, 5 L.Ed.2d 365 (1961); Bahoric v. Commissioner of Internal Revenue, 363 F.2d 151, 154 (9th Cir. 1966).

Applying the principles of the foregoing authorities, we are convinced that we have no alternative save to affirm the decision of the Tax Court. The taxpayer offered an explanation for the substantial understatement of his income, but the duty was that of the Tax Court, and not of our court, to resolve the question of the credibility of the taxpayer in that respect.

AFFIRMED.


Summaries of

Grudin v. C. I. R

United States Court of Appeals, Ninth Circuit
May 17, 1976
536 F.2d 295 (9th Cir. 1976)
Case details for

Grudin v. C. I. R

Case Details

Full title:LEO GRUDIN AND HARRIETTE GRUDIN, APPELLANTS, v. COMMISSIONER OF INTERNAL…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 17, 1976

Citations

536 F.2d 295 (9th Cir. 1976)

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