James J. Brookbank - Page 5




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          Circuit, to which this case is appealable, sustained a default              
          judgment, including additions to tax for fraud, against a                   
          taxpayer who failed to appear for trial.                                    
               In this case, as appears from the procedural history set               
          forth below in relation to respondent's motion for a penalty                
          under section 6673, there is every reason to believe that                   
          petitioner's default was willful and was a continuation of his              
          history of willful and flagrant disregard of his tax liabilities.           
          At no time during this proceeding has he offered evidence of any            
          reasonable dispute with respect to the facts alleged and relied             
          on by respondent.                                                           
               Respondent's specific allegations, generally supported by              
          the evidence deemed stipulated, set forth sufficient facts for              
          respondent to carry his burden of proof.  Failure to file                   
          returns, failure to report income over a period of years, failure           
          to pay tax over a period of years, and concealment of assets are            
          common badges of fraud.  See, e.g., Bradford v. Commissioner, 796           
          F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601.               
          Under these circumstances, respondent's burden of proof is                  
          satisfied.  See Smith v. Commissioner, supra.  Respondent's                 
          motion for default judgment should be granted, and the                      
          deficiencies and additions to tax determined by respondent should           
          be sustained in full.                                                       







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