Ralph Leon Hays, Jr., - Page 3

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          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.           




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