Charles Jerome Posnanski - Page 12

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          admitted in his plea agreement that he “knowingly and willfully             
          [schemed] to conceal” interest income and that he falsified                 
          computer records to gain tax deductions.                                    
               Petitioner’s only argument is that “The specific intent of             
          my inaccurate income tax filings was not to avoid income taxes              
          but to retaliate against congressional self-dealing.”  Petitioner           
          consistently underreported income and claimed false deductions              
          with full knowledge that his actions were in violation of a legal           
          duty to file correct tax returns.  Petitioner’s alleged desire to           
          retaliate against what he may have perceived to be congressional            
          wrongs does not change the fact that he intentionally evaded                
          taxes that he knew he owed, by conduct intended to conceal,                 
          mislead, and prevent the collection of taxes.  See Parks v.                 
          Commissioner, supra at 661.  Respondent has proven by clear and             
          convincing evidence that petitioner fraudulently underpaid his              
          taxes for the years in issue.  Because petitioner has failed to             
          present evidence establishing that any portion of the                       
          underpayments is not attributable to fraud, the entire                      
          underpayments for the years in issue are subject to the 75-                 
          percent penalty.                                                            

                                                  Decision will be entered            
                                             under Rule 155.                          

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Last modified: May 25, 2011