- 3 - when he did not expect to incur a $31,000 tax liability for his 1980 taxable year. Around the time of remitting the $31,000 check, petitioner was in the process of obtaining a divorce and was engaged in an activity for which he was ultimately incarcerated. As of that time, petitioner had filed a 1978 return, yet he had not filed a 1979 return, which was past due. Petitioner also began squandering money on and personally using cocaine. Ultimately, petitioner failed to timely file his 1979, 1980, 1981, and 1982 Federal tax returns. Petitioner’s reasons for remitting the $31,000 were that: He possessed extra funds at that time; he was concerned about his divorce; his cocaine use was affecting his judgment; he was engaged in illicit activities; and he knew that, ultimately, he would be liable for some tax. With respect to his cocaine use, petitioner had noticed that it affected his judgment, and he was concerned that, at some point, he would not be capable of meeting his Federal tax obligations. When petitioner decided, as a precaution, to send respondent the $31,000, he did so without the assistance of an accountant or lawyer. Petitioner, without any specialized knowledge of the tax laws, sent the $31,000 check with the "1st Est 1980" notation because, other than filing a tax return, it was the only method he knew to make an advance Federal income tax remittance. Prior to the time of the $31,000 remittance, petitioner never filed an estimated tax return or made any estimated payment to respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011