Robert M. Temple - Page 29




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               Revenue Agent Gentile conducted the examination of                     
          petitioner for the years in issue.  Mr. Gentile testified that as           
          an initial step in his examination of petitioner, he sent                   
          petitioner two appointment letters.  However, petitioner did not            
          appear at either appointment and did not provide any books or               
          records during the course of the examination.                               
                    5.  Level of Education                                            
               A taxpayer’s level of education and his prior history of               
          filing proper Federal income tax returns are relevant.  See                 
          Stephenson v. Commissioner, 79 T.C. 995 (1982).                             
               Petitioner is a doctor of veterinary medicine.  A person               
          with his level of education should know that he cannot escape               
          liability from income taxation and still enjoy control and                  
          dominion over all the income he received by establishing nominee            
          accounts.  Petitioner filed Federal income tax returns for 1975,            
          1976, 1977, 1978, and 1979.  His filing of proper returns for               
          years prior to the years in issue demonstrates that he was aware            
          of his income tax responsibilities.                                         
               C.   Conclusion                                                        
               The facts and circumstances of this case clearly and                   
          convincingly support respondent’s determination of fraud for each           
          year in issue.                                                              










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