James J. Brookbank - Page 4




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          phrase "Object--Self Incrimination" was typed on the lines of the           
          forms designed for financial information and computations.                  
          Petitioner did not include any financial information on any of              
          the Forms 1040 for 1982, 1983, or 1984 that he sent to the                  
          Service Center.  Petitioner was promptly notified by the Internal           
          Revenue Service that the Forms 1040 were not acceptable as income           
          tax returns and that he was required to file Federal income tax             
          returns.                                                                    
               On July 10, 1991, petitioner was convicted of willful                  
          failure to file Federal income tax returns for 1983 and 1984 in             
          violation of section 7203.  Petitioner was sentenced to prison,             
          but his sentence was suspended and he was placed on probation on            
          condition that he file income tax returns by December 15, 1991.             
          Petitioner failed to file the returns within that time and, on              
          December 20, 1991, his prison sentence was reimposed.                       
               Petitioner's failure to file Federal income tax returns for            
          1982, 1983, and 1984 was part of an 8-year pattern of failure to            
          file tax returns commencing in 1977.  Petitioner fraudulently               
          failed to report income tax liabilities of $4,551, $6,401, and              
          $15,843 for 1982, 1983, and 1984, respectively, and all or part             
          of the underpayment of income tax for those years is due to fraud           
          with intent to evade tax.                                                   
                                     Discussion                                       
               In Smith v. Commissioner, 926 F.2d 1470 (6th Cir. 1991),               
          affg. 91 T.C. 1049 (1988), the Court of Appeals for the Sixth               



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