Franklin Earl, Kish - Page 9

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          "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 his                   





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