Ray E. Mason - Page 8

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          Commissioner, 75 T.C. 1 (1980); Coulter v. Commissioner, T.C.               
          Memo. 1992-224.  An extended pattern of failing to file income              
          tax returns, however, may be persuasive circumstantial evidence             
          of fraud.  Marsellus v. Commissioner, 544 F.2d 883, 885 (5th Cir.           
          1977), affg. T.C. Memo. 1975-368; Stoltzfus v. United States, 398           
          F.2d 1002 (3d Cir. 1968); Grosshandler v. Commissioner, supra;              
          Coulter v. Commissioner, supra.  Further, when a taxpayer’s                 
          failure to file for several years is viewed in light of his or              
          her previous filing of income tax returns for prior years, the              
          taxpayer’s nonfiling weighs heavily against him or her because              
          the taxpayer is aware of the requirement.  Castillo v.                      
          Commissioner, 84 T.C. 405 (1985).  As discussed in the preceding            
          paragraph, the Masons did not file income tax returns after their           
          return for 1987 until they filed their return for 1996 in October           
          1997.  They failed to file their income tax return for 1995 until           
          March 1999, and then only after respondent began a criminal                 
          investigation against the Masons for failure to file.  The                  
          Masons’ pattern of failing to file when viewed in light of their            
          history of filing timely income tax returns for almost 40                   
          consecutive years is evidence of petitioner’s fraudulent intent             
          to evade tax liability.  Further, given the Masons’ association             
          with Meador, we reject petitioner’s argument that their failure             
          to file was reasonable because they lacked sufficient funds to              
          pay the tax and they believed taxpayers were only required to               






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