Tony Malfatti - Page 8

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          frivolous or groundless positions in the proceedings or                     
          instituted the proceedings primarily for delay.                             
               In the petition, petitioner alleged that the deficiencies              
          determined by respondent are excise taxes.  This argument is                
          frivolous and groundless.                                                   
               At trial, petitioner mainly objected to the admission of any           
          evidence that tended to prove that he earned income during the              
          years in issue and sought to impugn the integrity of his former             
          employers by implying that they overstated the income they paid             
          him in order to obtain a fraudulently higher deduction (for                 
          compensation paid) on their own tax returns.  He feigned lack of            
          memory regarding his earnings during the years in issue even                
          though he admitted working for all the employers who were called            
          as witnesses and that he was paid for services he rendered to               
          those employers.  Furthermore, in a home loan application                   
          petitioner signed in 2001, petitioner listed his monthly income             
          as $9,625.                                                                  
               Petitioner established his pattern of delay early on when he           
          failed to cooperate with respondent.  Petitioner failed to meet             
          with or to provide respondent with any information that would               
          have enabled respondent to properly determine petitioner’s tax              
          liability or resolve this case without trial.  Furthermore, after           
          asking the Court for additional briefing time at the conclusion             
          of the trial, petitioner failed to file any posttrial briefs.  We           






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