- 18 - fraud under section 6653 “is intentional wrongdoing on the part of the taxpayer to avoid a tax known to be owing.” Akland v. Commissioner, 767 F.2d 618, 621 (9th Cir. 1985). By filing fraudulent W-4 forms and failing to file tax returns, appellant succeeded in avoiding paying taxes for a number of years. The fact that he told the Internal Revenue Service that he was evading taxes does not make it any less fraudulent. * * * Granado v. Commissioner, supra at 93. We follow Granado v. Commissioner, supra. Golsen v. Commissioner, 445 F.2d 985 (10th Cir. 1971), affg. 54 T.C. 742 (1970). We conclude that the fact that petitioner sent letters to respondent raising frivolous constitutional and other legal questions about filing tax returns does not preclude a finding of fraud. Cloutier v. Commissioner, T.C. Memo. 1994-558. Petitioner contends that respondent entrapped him by not responding to his letters. We disagree. We do not believe that petitioner wrote those letters in good faith. Respondent put petitioner on notice that he was wrong before the years in issue when respondent assessed penalties against petitioner for filing false Forms W-4 in 1982. 5. Other Cases on Which Petitioner Relies Petitioner contends that he is like the taxpayer in Marinzulich v. Commissioner, 31 T.C. 487 (1958), whose lack of education negated fraudulent intent. We disagree. The taxpayer in Marinzulich had a third grade education, lacked familiarity with income tax laws, used a tax return preparer, filed returns for the years in issue, and did not falsify any records.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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