Virginia Ferguson, f.k.a. Virginia Del Bosque, and Estate of Armand J. Del Bosque, Deceased, Lori Del Bosque, Special Administrator, et al. - Page 38

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                    5.   Filing False Returns                                         
               Filing a false income tax return may be evidence that the              
          taxpayer fraudulently intended to evade taxes.  Bradford v.                 
          Commissioner, 796 F.2d at 308; Wright v. Commissioner, supra at             
          643-644.  In the plea agreements in their criminal tax                      
          proceedings, petitioners admitted that they filed false tax                 
          returns for 1987, 1988, and/or 1989 and omitted substantial                 
          income from those returns with the intent to evade taxes.  They             
          failed to submit credible evidence to contradict those admissions           
          or show that they filed the false returns for any reason other              
          than to evade taxes they knew to be owing.  Petitioners’ filing             
          of false tax returns each year is a strong indication of                    
          fraudulent intent with respect to those years.  See Klassie v.              
          United States, 289 F.2d at 102.                                             
                    6.   Pattern of Behavior Which Indicates Intent to                
                         Mislead                                                      
               A taxpayer’s course of conduct or a pattern of conduct may             
          establish, by inference, an intent to conceal or mislead.  Spies            
          v. United States, supra at 499; Webb v. Commissioner, 394 F.2d at           
          379; Otsuki v. Commissioner, 53 T.C. at 105-106.                            
               Mr. Del Bosque admitted in his plea agreement in his                   
          criminal tax proceeding that he schemed with Mr. Jacobsen to hide           
          income and evade taxes, filed false tax returns for 1987, 1988,             
          and 1989 in furtherance of that scheme, and omitted substantial             







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