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