Rebecca Wright - Page 14




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          1993 and 1994, Ms. Witt relied on the information provided by               
          petitioners to prepare those returns.                                       
               The sophistication, education, and intelligence of the                 
          taxpayer are relevant considerations in determining whether a               
          taxpayer has fraudulent intent.  See Niedringhaus v.                        
          Commissioner, 99 T.C. 202, 211 (1992); Stephenson v.                        
          Commissioner, 79 T.C. 995, 1005-1006 (1982), affd. 748 F.2d                 
          331(6th Cir. 1984); Iley v. Commissioner, 19 T.C. 631, 635                  
          (1952).  Petitioner was a bank trust officer with a background in           
          accounting.  As a bank trust officer with a degree in business              
          administration as well as extensive training in accounting,                 
          petitioner was "not a person who could fail to understand what              
          the law requires for him under the circumstances."  Halle v.                
          Commissioner, 7 T.C. 245, 250 (1946), affd. 175 F.2d 500 (2d Cir.           
          1949).  Given petitioner's education and work experience, "it               
          asks too much" for the Court to "believe that petitioner had no             
          idea his embezzlement income was taxable."  Myers v.                        
          Commissioner, T.C. Memo. 1980-262 (bank trust officer must have             
          known embezzled funds were taxable income).  Petitioner had the             
          sophistication to know that he was required to report the funds             
          he received from Mrs. Millyard on his return.                               
               Petitioner's criminal convictions raise a strong inference             
          that petitioner possessed the willfulness necessary to satisfy              





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