Gabriel Lopez - Page 13




                                               - 13 -                                                  
            Roth became a commercial airline pilot.  Mr. Roth and his wife                             
            filed joint Federal income tax returns for 1965 through 1981.  In                          
            1982, Mr. Roth purchased Mr. Schiff’s book.  At the time, Mr.                              
            Roth knew that Mr. Schiff had been convicted of a tax crime.  In                           
            1982, 1983, and 1985, Mr. Roth filed false Forms W-4 with his                              
            employers wherein he claimed exempt status.  In 1983, Mrs. Roth                            
            filed a false Form W-4 with her employer.  Mr. and Mrs. Roth did                           
            not file tax returns for 1982 through 1985.  We placed no weight                           
            on Mr. Roth’s claimed reliance on Mr. Schiff’s book, rejected Mr.                          
            Roth’s Cheek defense, and sustained the additions to tax for                               
            fraud against both Mr. and Mrs. Roth.  Id.                                                 
                  In United States v. Burdett, 962 F.2d 228 (2d Cir. 1992),                            
            affg. 768 F. Supp. 409 (E.D.N.Y. 1991), the U.S. Court of Appeals                          
            also addressed a Cheek defense based upon reliance on Mr.                                  
            Schiff’s book.  In Burdett, the taxpayer was an electrician who                            
            did not file Federal income tax returns or pay his taxes for the                           
            years 1984 through 1987.  Id. at 229.  The taxpayer testified                              
            that from 1984 through 1987 he earned wages of at least $38,000                            
            per year.  Id.  Just like petitioner, the taxpayer testified that                          
            he had read Mr. Schiff’s book and studied the Internal Revenue                             
            Code, and based on this he was convinced that he did not have to                           
            file tax returns.  Id.  The court held:                                                    
                  Burdett’s claim of a good-faith belief in his exemption                              
                  was so baseless as to be a mockery of the good-faith                                 
                  defense.  Measured by any known legal criteria, there                                
                  is no support in the law for his view; it has been                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011