Rebecca Wright - Page 13




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          tax returns.  There is no question that petitioner sought to                
          conceal his receipt of Mrs. Millyard's money because of the                 
          illegal nature of his activities.  He knew that the receipt of              
          the funds violated numerous banking and criminal provisions.  The           
          likelihood that petitioner also had the intent to conceal his               
          illegal activities to avoid being charged with the nontax crimes            
          does not negate his intent to evade tax.  See Clayton v.                    
          Commissioner, supra at 647-648 (Commissioner need not establish             
          that tax evasion was the primary motive; it is enough to                    
          demonstrate that tax evasion played a role in the taxpayer's                
          conduct).                                                                   
               The fact that petitioner concealed his receipt of the funds            
          from illegal activities from his accountant and return preparer,            
          Ms. Witt, is relevant to the issue of fraud.  See Duffey v.                 
          Commissioner, 91 T.C. 81 (1988); Langworthy v. Commissioner, T.C.           
          Memo. 1998-218 (taxpayer's failure to be forthcoming with his               
          return preparer was evidence of fraud).  A taxpayer who relies on           
          others to keep his records and prepare his tax returns may not              
          withhold information from those persons relative to taxable                 
          events and then escape criminal responsibility for the resulting            
          false returns.  See United States v. O'Keefe, 825 F.2d 314, 318             
          (11th Cir. 1987); United States v. Garavaglia, 566 F.2d 1056 (6th           
          Cir. 1977).  In preparing petitioners' income tax returns for               





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