- 29 -
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.
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: May 25, 2011