- 11 - did not misrepresent, secrete, or attempt to deceive. Although we do not approve of petitioner's reasons for failing to file returns and failing to submit to respondent's examination, those events, on this record, do not satisfy respondent's burden to clearly and convincingly prove fraud. On this record, we do not find that petitioner's underpayment was due to an intent to evade taxes known to be due and owing by conduct intended to conceal, mislead, or otherwise prevent the collection of taxes. Stoltzfus v. United States, supra at 1004; Rowlee v. Commissioner, supra at 1123; Acker v. Commissioner, supra at 112. Respondent places great emphasis on the fact that petitioner had an accountant for the 1985 taxable year, contending that this reflects a history of filing timely tax returns, and thus petitioner knew of the filing requirements. Petitioner, however, did not set out to evade tax he thought to be due. Instead, he came to believe that he was not obligated to file a Federal tax return and that he had no obligation to pay Federal tax. On this record, we find that his belief was not an intentional attempt to fraudulently evade the payment of tax. Respondent also argues that petitioner attempted to conceal assets by dealing in cash. Petitioner's resolve to close his bank account and, therefore, use cash was not coupled with hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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