Gabriel Lopez - Page 12




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            United States, 498 U.S. 192, 202 (1991); Niedringhaus v.                                   
            Commissioner, 99 T.C. 202, 217 (1992).  In applying Cheek, we                              
            look to the theories underlying petitioner’s beliefs.  Pennybaker                          
            v. Commissioner, T.C. Memo. 1994-303.                                                      
                  Petitioner’s argument is that he relied on Mr. Schiff’s book                         
            in filing the false Forms W-4 and not filing tax returns for the                           
            years in issue.  Petitioner points to his testimony as evidence                            
            of his beliefs.  His testimony was not credible.  We need not,                             
            and do not, accept his self-serving testimony.  Tokarski v.                                
            Commissioner, 87 T.C. 74, 77 (1986).  At the time petitioner                               
            “relied” on what he read in Mr. Schiff’s book, he knew that Mr.                            
            Schiff had been convicted of failing to file tax returns.  The                             
            propositions contained in Mr. Schiff’s book are the stale,                                 
            meritless, and patently frivolous arguments that have been                                 
            rejected by this Court scores of times and at least twice when                             
            presented by Mr. Schiff himself.  Schiff v. Commissioner, T.C.                             
            Memo. 1992-183; Schiff v. Commissioner, T.C. Memo. 1984-223,                               
            affd. 751 F.2d 116 (2d Cir. 1984).  Petitioner’s history of                                
            filing tax returns for 20 years prior to 1983 and his admissions                           
            in his plea bargain are evidence of knowledge of his duty to file                          
            Federal income tax returns and to pay taxes upon his wages.                                
                  We dealt with this same argument, and similar facts, in Roth                         
            v. Commissioner, T.C. Memo. 1992-563.  Phillip Roth also served                            
            in the United States Air Force.  After leaving the Air Force, Mr.                          






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