- 17 - tax law did not require him to file such returns and pay such taxes. According to petitioner, despite repeated inquiries, the Service never informed him of his responsibility to file returns, and his independent research and consultation with various attorneys, predominately criminal defense attorneys, about the requirement to file returns showed that there were "confusing and conflicting case authorities" on that question. A good-faith misunderstanding of the tax laws could negate fraud under section 6653(b). See Niedringhaus v. Commissioner, supra at 217. However, "There is a difference * * * between a good-faith misunderstanding of the law and a good-faith belief that the law is invalid or a good-faith disagreement with the law". Id. Based on our observation of petitioner's demeanor at trial, we did not find him credible and do not accept his ex- planations as to why he did not file returns and pay taxes due for the years at issue and why he and Ms. Leggett transferred certain of their real properties to nominees. We are convinced on the record before us that petitioner did not have a good-faith misunderstanding of the tax law.5 By way of illustration, after respondent commenced collection efforts in early 1994 against 5 At best, petitioner had a good-faith belief that the tax law is invalid, or he had a good-faith disagreement with the tax law. Even if petitioner had believed that he did not have to file returns because the tax law requiring such filing is un- constitutional, a belief that the tax law is unconstitutional and should not apply is not a sufficient defense to fraud. See Cheek v. United States, 498 U.S. 192, 205-206 (1991); Niedringhaus v. Commissioner, 99 T.C. 202, 219 (1992).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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