Chester H. and Michelle R. Rossman - Page 23

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          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.                                                            





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