Charles E. Campbell - Page 18

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            Furthermore, petitioner is deemed to have admitted that his                                  
            failure to produce records "was fraudulent with the intent to                                
            evade the payment of taxes".                                                                 
                  Third, failing to file tax returns is evidence of fraud.                               
            "[T]he mere failure to file tax returns, even over an extended                               
            period of time, does not per se establish fraud * * * however,                               
            the failure to file tax returns is persuasive circumstantial                                 
            evidence of fraud."  Marsellus v. Commissioner, 544 F.2d 883                                 
            (5th Cir. 1977), affg. T.C. Memo. 1975-368.  Petitioner is deemed                            
            to have admitted that he failed to file Federal income tax                                   
            returns for 1987 through 1989.  In addition, petitioner's prior                              
            filings of joint income tax returns for 1983 through 1986                                    
            indicate petitioner's knowledge of the yearly requirement to file                            
            and further support a finding that petitioner possessed                                      
            fraudulent intent in failing to file returns for the years in                                
            issue.                                                                                       
                  In conclusion, petitioner's deemed admissions support a                                
            finding of fraud.  Respondent has established by clear and                                   
            convincing evidence that petitioner acted fraudulently in failing                            
            to file returns and report income for 1987 through 1989.                                     
                                                             An appropriate order                        
                                                       will be issued and decision                       
                                                       will be entered.                                  







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