- 10 - Respondent cites petitioner’s resumption of filing returns for 1998 and later years, after the investigation of him had commenced, as evidence that petitioner was well aware of his Federal tax obligations. Petitioner argues that he filed returns for 1998 and subsequent years because different laws apply to corporations. It appears, however, that petitioner continued to receive compensation for services that he personally performed and reported that compensation on his tax returns for 1998 and subsequent years. Notwithstanding his attempt to justify his prior delinquencies, we believe that petitioner was knowledgeable about his tax-paying responsibilities but “‘consciously decided to unilaterally opt out of our system of taxation’” until the IRS commenced its investigation of him. Niedringhaus v. Commissioner, supra at 212-213 (quoting Miller v. Commissioner, 94 T.C. 316, 335 (1990)). We are convinced that petitioner’s refusal to file tax returns was willful and with knowledge that he was obligated to file them and pay tax on his income. His sudden “discovery” of his frivolous positions after many years of apparent compliance, his failure to consult any professionals or authorities on the subject, and his refusal to acknowledge his errors through the time of trial of this case undermine his claims of good-faith belief. Similar evidence has been held sufficient to support a criminal conviction in other cases. See, e.g., United States v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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