710:50-3-23 Penalty for fraud

(a) The 50% penalty for fraud imposed by statute is computed on the amount of tax determined to be due, and is in addition to any other penalties which may be imposed by law. (b) The following action or inaction by the taxpayer may result in the imposition of a penalty of 50% for fraud: (1) Continued failure to file Oklahoma Income Tax Returns; (2) Filing false tax returns; (3) Filing frivolous tax returns; (4) Other action or inaction tending to evidence an intent to defraud the State or evade tax. However, evidence of fraud by the taxpayer is not limited to the factors listed in this Section. (c) In cases where a return has not been filed, and an assessment is based on information furnished to the Commission by the Internal Revenue Service indicating the imposition of a penalty for Negligence, Fraud, Failure to File, or Substantial Understatement of Income, the taxpayer's failure to file an Oklahoma Income Tax Return is evidence of fraud with the intent to evade tax. [ See: 68 O.S. §2375(E)]