- 11 - Federal income tax returns under section 7206(1) is highly persuasive evidence that the taxpayer intended to evade tax. Stefansson v. Commissioner, T.C. Memo. 1994-162; Avery v. Commissioner, T.C. Memo. 1993-344; Miller v. Commissioner, T.C. Memo. 1989-461. In First Trust & Sav. Bank v. United States, 206 F.2d 97, 100 (8th Cir. 1953), the U.S. Court of Appeals for the Eighth Circuit, the court to which an appeal in this case would lie, cited with approval United States v. Croessant, 178 F.2d 96, 97 (3d Cir. 1949), wherein the U.S. Court of Appeals for the Third Circuit stated: the man who files a wilfully false return has endeavored to mislead his government. He creates the appearance of having complied with the law, whereas his neighbor who has filed no return does no such thing. Not only has he created the appearance of complying, but that apparent compliance stands a good chance of remaining unattacked, for the tax authorities cannot possibly audit every taxpayer’s return every year. * * * The law has always distinguished between failing to disclose useful information and making a disclosure which is a lie. Petitioner’s intentional filing of a false tax return each year from 1991 to 1994, reporting amounts of income which he knew to be false, is a strong indicium of fraudulent intent with respect to those years. Klassie v. United States, supra at 102. Absent some credible evidence that knowingly filing a false return should not be considered indicative of fraud, a section 7206(1) conviction is highly persuasive of fraud. Id. at 101;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011