Linda Ruth Palmer - Page 12




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          tax authorities, and (4) failing to make estimated tax payments.            
          See Recklitis v. Commissioner, 91 T.C. 874, 910 (1988).                     
               In the instant case, the deemed admissions pursuant to Rule            
          37(c) include petitioner's admission to a number of indicia of              
          fraud including:  (1) understating her income taxes in the                  
          amounts of $6,918, $53,455, and $41,584 for the 1982, 1983, and             
          1984, taxable years, respectively; (2) maintaining inadequate               
          records; and (3) failing to cooperate with tax authorities.                 
          Additionally, petitioner has failed to make estimated tax                   
          payments, another indicia of fraud.  Furthermore, petitioner                
          failed to appear for trial which is another indicia of fraud.               
          See Smith v. Commissioner, 91 T.C. 1049, 1059-1060 (1988), affd.            
          926 F.2d 1470 (6th Cir. 1991).  Finally, with regard to the 1984            
          taxable year, petitioner pleaded guilty to willfully filing a               
          false Federal income tax return in violation of 26 U.S.C. sec.              
          7206(1).  Although petitioner's conviction does not collaterally            
          estop her from denying fraud, such conviction is one of the facts           
          to be considered.  See Wright v. Commissioner, 84 T.C. 636, 643-            
          644 (1985).  Based on the foregoing, we conclude that respondent            
          has satisfied the burden of proving, by clear and convincing                
          evidence, that the entire underpayment of tax for each of the               
          years in issue was due to fraud.  Accordingly, we sustain                   
          respondent's determination regarding the additions to tax for               
          fraud under section 6653(b).                                                





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