Michael A. Zapara and Gina A. Zapara - Page 11

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         unfounded and misplaced.  It stems from the Government’s efforts             
         to prosecute them for admittedly criminal conduct and to collect             
         taxes and penalties.  No doubt, given the circumstances, these               
         efforts were zealous and disadvantageous to petitioners; however,            
         petitioners have presented no evidence that these efforts went               
         beyond what the law prescribes and, indeed, requires.  Insofar as            
         the Government’s actions leading up to petitioners’ signing of               
         the Form 4549-CG were authorized by law, those actions do not                
         give rise to duress or coercion.  Shireman v. Commissioner,                  
         supra; Ballard v. Commissioner, T.C. Memo. 1987-471, affd. 851               
         F.2d 359 (5th Cir. 1988).                                                    
              On occasion, this Court has held that the Commissioner’s                
         threats to take otherwise lawful action against the taxpayer                 
         constituted duress or coercion.  See Diescher v. Commissioner,               
         supra (holding that the Commissioner’s threat to impose fraud                
         penalties if taxpayer did not sign waiver constituted duress);               
         Robertson v. Commissioner, T.C. Memo. 1973-205 (holding that the             
         taxpayers consented to extending the limitations period under the            
         Commissioner’s duress).  Petitioners allege that respondent’s                
         agents (as well as their attorney) pressured them to sign the                
         Form 4549-CG as a precondition to their plea agreement.                      
         Petitioners allege that they were informed the plea agreement                
         would be voided if they did not sign the Form 4549-CG before                 
         their sentencing date.                                                       






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