Mark T. Allen - Page 3

                                                 - 3 -                                                   

                  Respondent also determined that Mr. Allen is liable for                                
            section 6651(f) additions to tax for fraudulently failing to file                            
            his 1992, 1993, and 1994 Federal income tax returns.  Respondent                             
            must establish, by clear and convincing evidence, that Mr.                                   
            Allen's failure to file was an attempt to evade tax.  See sec.                               
            7454(a); Clayton v. Commissioner, 102 T.C. 632, 646, 651-653                                 
            (1994).  A taxpayer's attempts to conceal income, mislead the                                
            Internal Revenue Service, or prevent the collection of income tax                            
            may establish the requisite fraudulent intent.  See Rowlee v.                                
            Commissioner, 80 T.C. 1111, 1123 (1983).                                                     
                  Mr. Allen was aware of his Federal income tax return filing                            
            obligations, but failed to file his 1992, 1993, and 1994 returns.                            
            In addition, Mr. Allen attempted to conceal his income-producing                             
            activities by encouraging his bank not to comply with                                        
            respondent's summons, sending respondent a false affidavit, and                              
            refusing to provide respondent with relevant information.                                    
            Moreover, Mr. Allen attempted to evade tax when he failed to file                            
            his returns.  Accordingly, he is liable for the section 6651(f)                              
            additions to tax relating to 1992, 1993, and 1994.                                           
                  At trial, respondent made an oral motion for the Court to                              
            penalize Mr. Allen, pursuant to section 6673(a), for engaging in                             
            dilatory tactics and asserting frivolous arguments.  We conclude                             
            that such a penalty is inappropriate in this case and deny                                   
            respondent's request.                                                                        





Page:  Previous  1  2  3  4  Next

Last modified: May 25, 2011