- 9 - "badges of fraud" are nonexclusive, and none of them is dispositive in and of itself. Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992). A taxpayer's education and business background are also relevant to a finding of fraud, see Wheadon v. Commissioner, T.C. Memo. 1992-633, as is a taxpayer's refusal to cooperate with the Commissioner's summons authority and a taxpayer's initiation of frivolous proceedings to quash a summons issued pursuant to this authority, see Wedvik v. Commissioner, 87 T.C. 1458 (1986). The facts and circumstances of this case clearly and convincingly support respondent's determination of fraud for each year in issue. First, petitioner knew that he had an obligation to file tax returns for the subject years, and he intentionally failed to honor this obligation. Second, petitioner has submitted tax protester documents during both the judicial and administrative proceedings that were undertaken to determine his tax liability, he was previously warned by the District Court of the frivolity of his tax protester positions, and he was previously sanctioned by the District Court for his frivolous positions. Third, petitioner would not cooperate with the revenue agent's requests for petitioner's books, records, and other financial information, and he attempted frivolously to quash a summons that was issued to the Credit Union for that information. Fourth, petitioner attempted to conceal hisPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011