- 67 - (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.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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