Stephen S. Wang, Jr. - Page 26

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               From the record in this case, we hold that petitioner’s 1987           
          return was fraudulent.  He pled guilty to securities, mail, and             
          wire fraud in connection with his acquisition and sale of insider           
          information.  He failed to report any of the income he received             
          from the sales in either 1987 or 1988.  Reporting the illegal               
          income would have increased the risk that petitioner’s illegal              
          activities would be detected.  Reluctance to report illegal                 
          income because of the chances that the illegal source of the                
          income will be discovered does not preclude a tax evasion motive.           
          Recklitis v. Commissioner, supra at 909.  Moreover, participation           
          in illegal activities is a badge of fraud.  Bradford v.                     
          Commissioner, supra.  In addition, petitioner attempted to                  
          conceal his illegal activities and income by dealing in cash and            
          using a bank account under fictitious names.  He did not maintain           
          any records of the illegal income or how he used the money                  
          received from selling insider information.                                  
               Petitioner argues that he did not have fraudulent intent               
          because he did not consider whether or not to report the illegal            
          income.  Petitioner’s argument is unpersuasive.  He is a well-              
          educated and knowledgeable taxpayer.  In college, he took a                 
          number of business courses, including a class on Federal income             
          tax accounting.  Petitioner does not deny that he knew that                 
          illegal income was taxable and was aware of his reporting                   
          obligations.  In addition, petitioner understood that he received           





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