Robert Lee Jr. - Page 12




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               Petitioner’s argument that Rule 91(f) could not be applied             
          without violating his Fifth Amendment privilege must be rejected.           
          The phrase that comes readily to mind was first used by the U.S.            
          Supreme Court in United States v. Sullivan, 274 U.S. 259, 264               
          (1927), to wit, a taxpayer may not “draw a conjurer’s circle                
          around the whole matter” of his or her tax liability.  See also             
          Steinbrecher v. Commissioner, 712 F.2d 195, 198 (5th Cir. 1983),            
          affg. T.C. Memo. 1983-12; McCoy v. Commissioner, 696 F.2d 1234              
          (9th Cir. 1983), affg. 76 T.C. 1027 (1981); Edwards v.                      
          Commissioner, 680 F.2d 1268 (9th Cir. 1982), affg. an unreported            
          decision of this Court; United States v. Carlson, 617 F.2d 518,             
          523 (9th Cir. 1980).  In a civil tax case, the taxpayer must                
          accept the consequences of asserting the Fifth Amendment and                
          cannot avoid the burden of proof by claiming the privilege and              
          attempting to convert “the shield * * * which it was intended to            
          be into a sword”.  United States v. Rylander, 460 U.S. 752, 758             
          (1983); see Steinbrecher v. Commissioner, supra; Traficant v.               
          Commissioner, 89 T.C. 501 (1987), affd. 884 F.2d 258 (6th Cir.              
          1989).                                                                      
               Petitioner also contends that respondent erroneously relied            
          on third-party information to determine that he had unreported              
          income for the years in issue.  He has not, however, raised any             
          bona fide dispute as to the amounts reported on the third-party             
          documents.  His arguments, as he was advised by respondent during           






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