- 9 - T.C. at 1325 (taxpayer must show that deception "designed to improperly influence the Court in its decision has had such an effect on the Court."). Petitioner has failed to establish that a fraud was perpetrated on this Court. There were sufficient indications about interest accruals in the various documents petitioner received and in the Decision document he signed to put petitioner on his guard. If he had any concern in that regard, he should have inquired. The law is clear that interest accrues on unpaid tax liabilities from their due date until paid. Moreover, the record does not reflect any evidence that the outcome of this case would be different if we permitted a trial on the merits. In his reply to respondent’s opposition to petitioner’s motion for leave, petitioner relies on Toscano v. Commissioner, supra, to support his claim of fraud on the Court. Josephine Toscano, also known as Josephine Zelasko, moved to vacate a stipulated decision of this Court 15 years after entry on the grounds that she was not and had not been the wife of Mr. Toscano. In that case it was alleged that Mr. Toscano was not married when he filed what purported to be a joint return, having either forged the signature of Ms. Zelasko as his spouse or coerced her to sign the joint return against her will. Mr. Toscano allegedly perpetrated three frauds. First, he defrauded the Commissioner by filing a fraudulent joint income tax returnPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011