- 11 - Sloan, 939 F.2d 499 (7th Cir. 1991); United States v. Collins, 920 F.2d 619 (10th Cir. 1990); United States v. Ward, supra; United States v. Schiff, 801 F.2d 108 (2d Cir. 1986); United States v. Karlin, 785 F.2d 90 (3d Cir. 1986); United States v. Bressler, 772 F.2d 287 (7th Cir. 1985); United States v. Romero, 640 F.2d 1014 (9th Cir. 1981); United States v. Buras, 633 F.2d 1356 (9th Cir. 1980). When, as here, accompanied by evidence of intent to conceal income and assets, the longtime pattern of failing to file tax returns is sufficient to sustain the civil penalties. See, e.g., Niedringhaus v. Commissioner, supra at 212-213; Rowlee v. Commissioner, supra; Marsh v. Commissioner, T.C. Memo. 2000-11, affd. 23 Fed. Appx. 874 (9th Cir. 2002); Houser v. Commissioner, T.C. Memo. 2000-111; Harrell v. Commissioner, T.C. Memo. 1998-207, affd. without published opinion 191 F.3d 456 (7th Cir. 1999); Dunham v. Commissioner, T.C. Memo. 1998-52. The penalties for fraud in this case will be sustained. As indicated above, our conclusion that petitioner’s underpayment of taxes and failure to file returns was due to fraud is based on the objective facts and rejection of his claims of good faith. Our reasoning is supported in part by his refusal to acknowledge that his positions are contrary to law, as he was advised by the IRS, relevant authorities, and the Court in this case. Petitioner persists in his frivolous and groundlessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011