- 56 - 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 inPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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