Randall Mark Jacobson - Page 13

                                                 - 13 -                                                    
            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                          

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011