- 17 - supra. Furthermore, in this case, as in Edwards, respondent did not, in any manner, at the administrative or litigation phases of this case, suggest any criminal investigative activities pertaining to petitioner for the years in issue. We, therefore, hold that petitioner's Fifth Amendment claim may not be used as a method of avoiding income taxes due and owing for the years in issue. As Justice Holmes stated in United States v. Sullivan, 274 U.S. 259 (1927), in referring to the defendant in error at 264: "He could not draw a conjurer's circle around the whole matter by his own declaration that to write any word upon the government blank would bring him into danger of the law." Respondent has demonstrated, through the testimony of Ms. Stello, that taxable moneys were forwarded to petitioner through Services during the years in issue. Although respondent has proven the fact that petitioner received income during the years in issue, she was unable to prove the amount of such income. Respondent's inability to prove the amount of taxable income received by petitioner during the years in issue is directly attributable to petitioner's adamant refusal to communicate with respondent in her attempt to determine petitioner's income tax liabilities for the years in issue. We hold that respondent's determination of petitioner's Federal income tax liabilities for the years in issue must be sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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