Benjamin and Sallie Campfield - Page 27

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          also cashed third-party checks at a grocery store in Bridgeport,            
          Connecticut, during the taxable years 1984 through 1986.  There             
          is no explanation or accounting by petitioner for this unorthodox           
          use of third-party checks.                                                  
               Courts have also considered the educational level and                  
          sophistication of the taxpayer.  Grosshandler v. Commissioner, 75           
          T.C. 1, 19 (1980).  Petitioner argues that because his education            
          did not proceed beyond the seventh grade, and because he is                 
          "cognitively limited" with a verbal IQ of 82 and a performance IQ           
          of 76, he is incapable of committing fraud.  The scope and extent           
          of his business activities, which included a farm, rental real              
          estate, a cafe and bar, and a convenience store, and his apparent           
          financial success belie that argument.  See, e.g., Estate of                
          Temple v. Commissioner, 67 T.C. 143, 162 (1976), in which we                
          found fraud, noting that the taxpayer's "limited formal education           
          did not prevent him from realizing substantial amounts of                   
          income".                                                                    
               Considering the record taken as a whole and reasonable                 
          inferences therefrom, we conclude that petitioner intended to               
          evade taxes known to be owing by conduct intended to conceal,               
          mislead, or otherwise prevent the collection of taxes, and that             
          the entire underpayments are attributable to fraud.                         









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