Jack J. Kramer - Page 32

                                                 - 32 -                                                   
            (9th Cir. 1986), even if the taxpayer is asserting his Fifth                                  
            Amendment privilege against self-incrimination, see Kirschbaum v.                             
            Commissioner, T.C. Memo. 1989-526.  The least a taxpayer must do                              
            to cause the period of limitations to start to run is to file an                              
            appropriate return and then assert the Fifth Amendment privilege                              
            against self-incrimination by refusing to answer specific                                     
            questions.  United States v. Egan, 459 F.2d 997, 998 (2d Cir.                                 
            1972).  Petitioner failed to do that.  His omissions of data on                               
            income, deductions, and credits and cloaking that omission with                               
            the legend on the form demonstrate an attempt not to disclose                                 
            more than the Government might ultimately find in the criminal                                
            investigation.  Those omissions do not discharge petitioner's                                 
            obligation to provide respondent with sufficient data from which                              
            his income tax liability can be computed.   United States v.                                  
            Daly, 481 F.2d 28, 29-30 (8th Cir. 1973); Porth v. United States,                             
            supra at 523; Reiff v. Commissioner, 77 T.C. 1169, 1178-1179                                  
            (1981).                                                                                       
                  Accordingly, we find that petitioner failed to show either                              
            that he had reasonable cause not to file a return or that his                                 
            failure to file was not due to willful neglect.  Petitioner is                                
            therefore liable for the addition to tax under section 6651(a)(1)                             
            for 1985.                                                                                     
                  b.  Additions to tax for negligence--section 6653(a)                                    
                  Respondent also determined a 5-percent penalty on                                       
            underpayments under section 6653(a)(1) and an additional penalty                              




Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011