Rebecca Wright - Page 15




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          the intent element.  See Wilson v. Commissioner, T.C. Memo. 1994-           
          454.  Indeed, in McGee v. Commissioner, 61 T.C. 249, 260 (1973),            
          affd. 519 F.2d 1121 (5th Cir. 1975), we stated:                             
               it is a fair inference that a man who will                             
               misappropriate another's funds to his own use through                  
               misrepresentation and concealment will not hesitate to                 
               misrepresent and conceal his receipt of those same                     
               funds from the Government with the intent to evade tax.                
               Petitioner was convicted of embezzlement in violation of 18            
          U.S.C. sec. 656, money laundering in violation of 18 U.S.C. sec.            
          1957, and filing false returns for the years 1992 through 1994 in           
          violation of section 7206(1).4  Convictions for such crimes are             
          highly probative of petitioner’s intent to evade taxes because              
          the activities involve perjury, deceit, breach of fiduciary duty,           
          and concealment of criminal proceeds.  See Williams v.                      
          Commissioner, T.C. Memo. 1992-153.  On the basis of the                     
          foregoing, we sustain respondent's determination of the fraud               
          penalty against petitioner for each year in issue.  Consistent              
          with our holding on this point, we need not consider respondent's           
          alternative determination that petitioners are liable for                   
          accuracy-related penalties for the years in issue.                          




          4    See Wilson v. Commissioner, T.C. Memo. 1994-454 (declaring             
          that convictions under sec. 7206 are highly persuasive evidence             
          of intent to evade taxes); Estate of Sawczak v. Commissioner,               
          T.C. Memo. 1993-210 (same).                                                 





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