Charles T. Wickersham and Sandra J. Wickersham - Page 12

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          Commissioner, 732 F.2d 1459, 1461 (6th Cir. 1984), affg. per                
          curiam T.C. Memo. 1982-603.                                                 
               Respondent contends that the following establish fraud:  (1)           
          Mr. Wickersham's sophistication and experience, (2) the context             
          of the events and a pattern of conduct by Mr. Wickersham, (3) Mr.           
          Wickersham's lack of credibility, and (4) Mr. Wickersham's                  
          section 7206(1) conviction.                                                 
               B.   Mr. Wickersham's "Sophistication"                                 
               The sophistication, education, and intelligence of the                 
          taxpayer are relevant to determining fraudulent intent.  See                
          Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992); Stephenson           
          v. Commissioner, supra at 1006; Iley v. Commissioner, 19 T.C.               
          631, 635 (1952).  Contrary to respondent's assertion, however,              
          the sophistication, education, and intelligence of a taxpayer are           
          not themselves badges of fraud.  These considerations are                   
          relevant to the determination of whether a taxpayer could have              
          formed the intent necessary to be found liable for the fraud                
          penalty.  See Niedringhaus v. Commissioner, supra at 211;                   
          Stephenson v. Commissioner, supra at 1006; Iley v. Commissioner,            
          supra at 635.                                                               
               Mr. Wickersham owns and operates a car dealership and                  
          engages in some real estate ventures/transactions.  There is no             
          evidence suggesting that he had any training in accounting, tax             
          planning, or tax return preparation.  On the basis of these                 






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