Michael Stein - Page 15

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               Petitioner’s place of residence and employment status are              
          uncertain insofar as the record in this case is concerned because           
          he has given confusing, contradictory, and untrustworthy                    
          testimony on these issues.  Petitioner testified that he is a               
          resident of Nevada for State income tax purposes, although Nevada           
          has no income tax.  See Nev. Rev. Stat. Ann. secs. 360-377A                 
          (Michie 1999 & Supp. 2001).  Perhaps he means he is a Nevada                
          resident for the purpose of avoiding State income taxes.                    
               Petitioner’s testimony that he is a self-employed engineer             
          who travels away from home for up to 3 months at a time more than           
          once a year contradicts his claim that when he uses or has used             
          the post office box address as his mailing address, he checks his           
          mail twice a month.  In Form 433-A, filed on November 11, 1998,             
          petitioner said he was a “volunteer” and “not employed.”                    
               Petitioner has used the illness of his parents from cancer             
          in 1988 and thereafter as a continued excuse for failing to file            
          returns right up to the present, even though he also testified in           
          another connection that his parents died in 1990.                           
               On more than one occasion, petitioner defined what                     
          respondent had to do before petitioner would take action.                   
          Petitioner then did nothing because respondent’s officials did              
          not exactly follow petitioner’s requirements as he defined and              
          sought to impose them.  Petitioner has failed to file returns               
          with respect to more than 10 tax years, failed to timely appeal             






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