- 23 - than creation of income tax losses, it will not be recognized for tax purposes. Zmuda v. Commissioner, 731 F.2d 1417, 1421 (9th Cir. 1984) (citing Thompson v. Commissioner, 631 F.2d 642, 646 (9th Cir. 1980), affg. 66 T.C. 1024 (1976)), affg. 79 T.C. 714 (1982). Petitioner is not a stranger to disregarded trusts. In Castro v. Commissioner, T.C. Memo. 2001-115, this Court held that a trust created by DSG for Kevin Castro was a “flagrant tax avoidance scheme” and properly disregarded for Federal tax purposes because it lacked economic substance.11 Petitioner’s involvement, himself and through DSG, in disregarded trusts as in Castro and in the instant case demonstrates his continued association with sham transactions and is further evidence of fraudulent conduct. 8. Failing To Make Estimated Tax Payments Petitioner did not file estimated tax forms or timely pay his taxes due for the years in issue. When asked at trial whether petitioner could recall whether he made any estimated tax payments for the years at issue, petitioner replied: “No, I did not.” Moreover, there is no evidence in the record that petitioner made any payments for estimated taxes. 11 The Court notes that counsel for petitioners in Castro v. Commissioner, T.C. Memo. 2001-115, and in the instant case is the same individual.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