- 5 -
In paragraph 8 respondent alleges that Anthony was convicted
under section 72014, criminal tax fraud, for his 1988, 1989, and
1990 joint tax returns, and that, as a result, Anthony is
estopped to deny civil fraud as to 1988, 1989, and 1990.
Paragraph 7 of the answer is three pages long; paragraph 8 is six
pages long.
3. Reply
Petitioners filed a reply admitting that Anthony had been
convicted of criminal tax fraud as to their 1988, 1989, and 1990
joint tax returns, but denying the estoppel subparagraphs of
paragraph 8, as follows:
8(h)-(i). Denies that the respondent [sic] is
liable for the additions to the tax imposed by I.R.C.
� 6653(b)(1) for 1988, and by I.R.C. � 6663 for 1989
and 1990 as determined by respondent on the statutory
notice of deficiency, for the reason that the
respondent [sic] is not liable for tax for the years in
issue to which such penalties would attach.
The reply failed to admit or deny any of the allegations in
paragraph 7 of the answer.
4. Rule 37(c); Motions
4 SEC. 7201. ATTEMPT TO EVADE OR DEFEAT TAX.
Any person who willfully attempts in any manner to
evade or defeat any tax imposed by this title or the payment
thereof shall, in addition to other penalties provided by
law, be guilty of a felony and, upon conviction thereof,
shall be fined not more than $100,000 ($500,000 in the case
of a corporation), or imprisoned not more than 5 years, or
both, together with the costs of prosecution.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011