Homer L. Richardson - Page 56

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          Commissioner, T.C. Memo. 1992-277.  As a related point,                     
          petitioners’ use of the trust arrangement to claim business                 
          deductions for personal expenses, especially items related to               
          their personal residence, likewise bolsters the impression of a             
          concerted effort to avoid taxation.                                         
               Failure to cooperate with tax authorities is another                   
          particularly noteworthy badge on these facts.  Petitioners not              
          only declined to cooperate in the examination of their returns              
          but also sought actively to impede the audit.  Petitioners did              
          not provide any substantive information in response to                      
          Mr. Morgason’s requests.  They then went so far as to prevent               
          respondent from obtaining data from third parties by, for                   
          instance, discouraging compliance with summonses and even filing            
          a petition to quash.                                                        
               The badge pertaining to illegal activities is germane here             
          as well.  Mr. Richardson was in the business of promoting and               
          selling abusive trust arrangements, which created revenue issues            
          for respondent and for countless purchasers.  Moreover, as                  
          pointed out by the District Court in the section 6700 proceeding            
          against Mr. Richardson and Mr. Graham, “whether before or after             
          Muhich I or its affirmance by the Seventh Circuit, the trust                
          scheme in which they engaged was, and ought to have been known to           
          be, illegal.”  United States v. Graham, No. 1:03cv96 (S.D. Ohio             
          June 23, 2005).  The very business income concealed in                      






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