- 20 - Filing tax returns and paying taxes was the last thing on their minds. Mark's disregard for the consequences of his actions was grossly negligent, and may even have been willful, but it does not evidence any attempt to mislead, conceal, or otherwise prevent payment of taxes owed. Webb v. Commissioner, 394 F.2d at 377. Respondent would also have us hold that petitioners' use of multiple bank accounts and extensive use of checks written to cash was a continued effort to conceal income. Petitioners openly conducted their affairs and concealed nothing, as attested by the wealth of minutiae in the record that respondent gathered. The sources of their funds were known and easy to trace: Mark's salary and bonuses earned during the tax years in question, from which substantial amounts of tax had been withheld and W-2 Forms issued by his employers as required by law. Secs. 3101, 3402, 6051; cf. Stoltzfus v. United States, 398 F.2d 1002, 1005 (3d Cir. 1968) (self-employed taxpayer who failed to file his tax returns for 16 years, knew that he owed taxes in those years, also did not make any payments of estimated tax during this period, and further delayed filing returns out of fear of prosecution, was denied refund for additions to tax due to fraud). Mark's behavior did not contain the critical element of deceit or concealment that the actions of the taxpayer in Stoltzfus v. United States, supra, displayed. Mark did nothing to prevent taxes from being withheld. Cf. Weber v. Commissioner,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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