- 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
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