- 52 - “a conviction for willful falsification, under section 7206(1), while not dispositive, will be one of the facts to be considered in a trial on the merits.” Wright v. Commissioner, supra at 643- 644 (emphasis added). Petitioner argues that comments the judge made during his criminal sentencing colloquy are “highly persuasive” to whether he fraudulently evaded the payment of taxes. We disagree with petitioner’s argument that statements the judge made during his criminal sentencing hearing are in some way persuasive on the issue of whether petitioner fraudulently evaded the payment of tax.57 See N.Y. v. Julius Nasso Concrete Corp., 202 F.3d 82 (2d 56(...continued) (9th Cir. 1982). 57Judge Fogel stated: But I don’t think the conduct looked at in its totality suggests that the reason * * * [petitioner] diverted the money was to avoid paying money to the Internal Revenue Service. I think that’s the finding that the Court would have to make. So I think we’re looking at the lower of the two [sentencing] calculations. * * * * * * * The Court has considered the entire 1990, 1991, 1992, but that there is no intent to evade that’s established convincingly by the record. So I would find this is a [sentencing] guideline level 6 which gives the Court an opportunity or gives the Court the discretion, rather, to impose anywhere from zero to six months incarceration.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011