Gabriel Lopez - Page 6




                                                - 6 -                                                  
            whether he ever was married and what was the status of his                                 
            health.  Additionally, he claimed not to remember what high                                
            school he attended and when he graduated.                                                  
                  The special agents recommended that criminal proceedings be                          
            instituted against petitioner.  In an information filed on                                 
            March 2, 1994, the United States charged petitioner with one                               
            count of willfully failing to file an income tax return in                                 
            violation of section 7203 for 1990.  On June 23, 1994, petitioner                          
            pleaded guilty to this charge.  As part of his plea, petitioner                            
            admitted that he did not timely file income tax returns for 1983                           
            through 1992.                                                                              
                  On September 24, 1993, petitioner filed Federal income tax                           
            returns for 1983 through 1991.  Petitioner reported tax                                    
            liabilities as follows:  $7,403, $7,569, $6,890, $5,663, $3,949,                           
            $3,881, $7,494, $7,377, $7,022 for 1983, 1984, 1985, 1986, 1987,                           
            1988, 1989, 1990, and 1991, respectively.2  As of May 11, 1995,                            
            petitioner paid these amounts and the interest associated with                             
            these years.                                                                               
                                               OPINION                                                 
                  The addition to tax and penalty in the case of fraud is a                            
            civil sanction provided primarily as a safeguard for the                                   


                  2  Petitioner was married from 1983 through 1988.  His tax                           
            liabilities were reduced by $400, $1,616, $1,837, and $381 for                             
            1983, 1984, 1985, and 1986, respectively, for amounts withheld by                          
            his wife’s employer.                                                                       





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