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petitioner’s not filing tax returns for 3 consecutive years while
at the same time--
(1) taking the trouble to make 4 payments of estimated
tax and one payment of income tax for each year;
(2) filing a timely initial request for extension of
time to file the tax return for each year;7 and
(3) submitting an unsigned copy of a Form 1040 for each
year which shows a liability amount that is quite close to the
amount the parties agreed to in their stipulations.8
We are troubled by respondent’s treatment, on answering brief,
of the testimony of respondent’s witness, Michael Hartz
(hereinafter sometime referred to as Hartz), with respect to a
March 11, 1997, date that appears on the stipulated transcript of
account for each of the years in dispute.
Respondent states as follows:
Respondent’s transcripts for 1993, 1994 and 1995 contain a
date of March 11, 1997 (Exs. 16-J, 17-J and 18-J). At trial
an agent of respondent [Hartz] testified that as a result of
7Although the record does not appear to contain direct
evidence of such filings, we infer this conclusion from the fact
that the transcript of petitioner’s account for each year shows a
payment as of April 15 of the following year.
8Table 1, see supra, shows the following:
Amount Shown Amount Derived
Year by P on Ex. 14-J From Stipulation
1993 $39,072.41 About $40,000
1994 27,150.64 About 28,000
1995 35,110.17 About 36 to 37,000
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