- 8 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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