Roy J. Chase - Page 10

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               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.            






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