Kyl Christians - Page 13

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               A.  In General                                                         
               The record in this case reflects a general pattern of                  
          dereliction, but not one of deceit and fraud.  There can be no              
          doubt that petitioner’s reliance upon his father was misplaced              
          and in no way relieved petitioner of his obligation to correctly            
          report his tax liability.  Petitioner may not avoid his duty to             
          accurately report by placing the responsibility on an agent.  See           
          United States v. Boyle, 469 U.S. 241, 250-251 (1985).  There is             
          ample evidence, as observed by his return preparer, that                    
          petitioner’s tax records were inaccurate and inadequate and                 
          commingled personal and business items.  Petitioner knew that his           
          earnings exceeded the $350 received weekly from his father for              
          personal expenses.  But petitioner was not aware of the                     
          particulars of his tax reporting, including the amount of income            
          reported on his Federal income tax returns.  In spite of his                
          laxity and inattention to the administration of his business,               
          petitioner did not intend to evade tax by conduct intended to               
          conceal, mislead, or prevent the collection of tax.                         
               Petitioner’s forte was in the operational side of his                  
          construction business.  He was young and inexperienced regarding            
          the administrative necessities of his business.  As a result,               
          petitioner relied exclusively on his father to look after the               
          administrative matters, including tax reporting.  Petitioner                
          perfunctorily signed documents, including tax returns, that his             






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