Chester H. and Michelle R. Rossman - Page 18

                                       - 18 -                                         
          that petitioner had substantiation problems with other claimed              
          deductions.  Petitioner failed to comply with repeated requests             
          from Agent Riley for records, and his actions show no apparent              
          effort to maintain adequate records from which Agent Davis could            
          develop an accurate accounting of petitioner’s finances.                    
                    3. Failing To File Tax Returns                                    
               Petitioner failed to file timely tax returns for 1994                  
          through 2000, and his excuse for not filing timely returns for              
          the years in issue was that his “intent was to get an                       
          understanding on 1994, 1995 and 1996 and that I would file the              
          1997, 1998, 1999 and 2000 as soon as I could, but that I had [an]           
          intention of getting those all cleared up this [2003] year.”                
          Petitioner did not file returns for 1994 through 1996 until May             
          11, 2000, and did not file returns for 1997 through 2000 until              
          March or April 2004.  In both cases, the tax returns were filed             
          only after respondent issued statutory notices of deficiency to             
          petitioner.                                                                 
               In determining fraudulent intent, the Court considers as               
          relevant a taxpayer’s intelligence, education, and tax expertise.           
          Iley v. Commissioner, 19 T.C. 631, 635 (1952).  While the record            
          does not indicate that petitioner received any special education            
          or training in the tax laws, he promoted himself as a business              
          person skilled in providing seminars on trusts and tax planning.            







Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011