Hans C. Sherrer - Page 5




                                         -5-                                          
          the Constitution and law allowed when he filed his 1976 return              
          document and failed to file his 1977 return.  However, he also              
          stated that:                                                                
                    When anyone has asked me, I tell them that they                   
               should not attempt to take on the government as I did                  
               and that they should file their proper returns.  * * *                 
                         *    *    *    *    *    *    *                              
                    I do not belong to any tax protest groups and I do                
               not intend to join any in the near or distant future.                  
               If asked by anyone, I will always inform them to comply                
               with the tax laws and file tax returns so that what                    
               happened to me will not happen to them.  * * *                         
               Petitioner did not file an income tax return for 1978 (the             
          year following the second of the 2 years for which he was                   
          convicted of willful failure to file), or for any year during the           
          period 1979-94.                                                             
               Respondent did at one time conduct a criminal investigation            
          of petitioner, with respect to at least some of the years in                
          issue.                                                                      
          Petitioner's Lack of Records and Dealing in Cash                            
               Petitioner was responsible for the recordkeeping of his                
          plumbing business.  During the years in issue, petitioner did not           
          maintain as books and records any invoices, receipts for cash               
          disbursements, general ledger, cash receipts journal, or cash               
          disbursements journal.  Petitioner has not produced any business            
          or accounting records relating to the years in issue for                    
          respondent to examine.                                                      
               During the years 1989-92, petitioner withdrew currency from            
          his bank accounts in the following amounts:                                 



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