- 17 - Respondent focuses in part on the operations of Randy Hall to deduce that Mr. Feinsmith had the requisite fraudulent intent. We do not do similarly. The fact that Randy Hall may have been involved in a fraudulent scheme to attempt to evade its Federal income tax obligation, or that Mr. Feinsmith may have participated in such an attempt, does not necessarily mean that Mr. Feinsmith was involved in a scheme to attempt to evade his Federal income tax obligation as well. Nor does the fact that Randy Hall may have understated its income for the subject years, or kept inadequate records, impute to Mr. Feinsmith the requisite fraudulent intent to avoid his Federal income tax obligation. The fact that Randy Hall may have participated in an illegal activity (the scheme) and that this activity involved cash also does not establish fraud on the part of Mr. Feinsmith in his individual capacity. When we focus as we should on Mr. Feinsmith’s personal income tax obligation, we are unconvinced by the record that he filed his 1983 and/or 1984 Federal income return intending to evade that obligation. We simply cannot find that Mr. Feinsmith was actually involved with the scheme in his individual capacity or that he converted any of the proceeds from the scheme to his personal use. In fact, when Mr. Feinsmith first became affiliated with Randy Hall, it had been participating in the scheme for at least 2 years. We find no reliable evidence in thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011