- 5 - claims he did not feel compelled to alert the authorities that he was being extorted because Mr. Vaughan had told him, "don't worry about it. I'll pay [the tax] when it comes due." Petitioner claimed he did not amend his return to reflect the income because he did not want to state under the penalty of perjury that he had received the money. At trial, petitioner claimed that the reason he initially told the Internal Revenue Service that he received the money as a bonus was because he had spoken with someone in the Internal Revenue Service who had led him to believe that the Form 1099- MISC was "all the proof the IRS needed", and that petitioner had to explain why he did not pay the taxes on it. Petitioner testified that the only explanation he could come up with as to why he should not have to pay taxes on the money was that it was employee compensation, not nonemployee compensation, and that Vaughan should have paid the taxes on it. Petitioner admitted that he sent respondent the three letters stating that he had received the $10,638 as a bonus. After he wrote the letters, petitioner was told by an accountant that if petitioner had said from the beginning that he did not receive the money, then the Form 1099-MISC would not be proof in and of itself that he received the money, and the burden of persuasion as to the payment of the money would be on respondent. After he heard this, petitioner informed respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011