Estate of Frank Johnson - Page 139




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                    (3)  Filing History                                               
               Respondent contends that Frank and Katherine’s failure to              
          file Federal income tax returns for 1986, 1987, and 1988 until              
          contacted by Revenue Office Budde and their failure to file gift            
          tax returns for any year in spite of vast amounts of gift giving            
          to family members each year are indicia of fraud.  Petitioners              
          maintain that Frank and Katherine were not required to file                 
          returns for 1986 through 1988 because their income for those                
          years did not meet the threshold income requirement.  Petitioners           
          do not explain why Frank and Katherine did not file gift tax                
          returns to report the gifts they gave their children and                    
          grandchildren during the years in issue.                                    
               Frank and Katherine filed timely income tax returns for some           
          of the years in issue, which shows that they understood their               
          obligation to file returns and pay tax.  We agree with respondent           
          that the circumstance of Frank and Katherine’s not filing income            
          tax returns for 1986 through 1988 even though Katherine continued           
          to operate her business during those years is another indicium of           
          fraudulent intent.  Additionally, we agree that Frank and                   
          Katherine’s failure to file gift tax returns relating to the                
          substantial gifts they made to their children and grandchildren             
          during those years also indicates an intent to conceal and                  
          mislead.                                                                    








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