Bruce P. Cadwell - Page 7

                                        - 7 -                                         
          on the Pleadings), Rule 121 (Summary Judgment), or Rule 122                 
          (Submission Without Trial).  Gordon v. Commissioner, 73 T.C. 736,           
          739 (1980).                                                                 
               Petitioner conceded an understatement of tax for each of the           
          years at issue.  Accordingly, we must determine whether any part            
          of the underpayment was due to fraud with intent to evade income            
          tax by petitioner.  In the case at bar, material allegations in             
          the answer with respect to fraud have been deemed to be admitted            
          by our granting of respondent's Rule 37(c) motion.  In our view,            
          those findings of fact clearly and convincingly establish fraud             
          with intent to evade tax.                                                   
               For the tax years 1986 and 1987, fraud is conclusively                 
          established by petitioner's prior conviction under section 7201             
          for those years.  Arctic Ice Cream Co. v. Commissioner, 43 T.C.             
          68 (1964).  As to the remaining years--1983, 1984, 1985, and                
          1988--there are numerous badges of fraud.  Petitioner                       
          misrepresented his status as exempt on Form W-4; i.e., he claimed           
          he owed no taxes for the years at issue, but he had unreported              
          income in the amount of $243,170.  In an attempt to conceal his             
          income and evade taxes, petitioner withheld information from the            
          IRS.  Moreover, he signed his paychecks over to third parties in            
          an attempt to conceal transactions from the IRS and evade taxes.            
          Furthermore, petitioner knew of his tax return filing obligation,           
          yet he willfully failed to file tax returns for the years at                
          issue.                                                                      




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011