John W. Marsh - Page 25




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          Petitioner’s failure to file income tax returns for years                   
          subsequent to 1985 eventually became the subject of a criminal              
          investigation.                                                              
               Petitioner has adopted various theories over the years in an           
          attempt to explain his failure to file returns or pay Federal               
          income tax on his substantial income.  Petitioner testified:                
          “From 1986, I just said, I’m not part of your system, and I just            
          did nothing.  I had state taxes taken from my pay, I had federal            
          taxes taken from my pay.  I made no effort to disrupt that.  I              
          just said, ‘Hey, I’m not bothering with you guys’.”  Petitioner             
          further testified, “Well, I also knew that the law required me,             
          supposedly, to pay taxes, and I took a stand against it back in             
          ‘86.”                                                                       
               Petitioner’s testimony is in marked contrast to the                    
          representation that he and his Enrolled Agent, Ms. Baptista, made           
          to respondent in the letter, dated March 24, 1989, requesting               
          additional audit reconsideration.  In that letter it was stated:            
                    Mr. Marsh has failed to file his 1986 and 1987                    
               returns, but the necessary information has been                        
               assembled, and we should have the returns prepared in                  
               the very near future.                                                  
                    It must be categorically stated that Mr. Marsh is                 
               not a “tax protester”, and is not willfully failing to                 
               file any return or to provide appropriate information                  
               to support returns filed.  It should not be held                       
               against him that he was badly represented by someone                   
               else.                                                                  








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