Anthony and Gloria Donnora - Page 5

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               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.                          




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