Donald Ray Hartley - Page 3




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          other court, and this opinion shall not be treated as precedent             
          for any other case.                                                         
               Petitioner fraudulently underpaid his Federal income taxes             
          for 1992, 1993, and 1994 and subsequently agreed to the                     
          assessment of deficiencies for those years.  Respondent then                
          determined civil fraud penalties under section 6663.  Despite               
          petitioner’s stipulation, as well as the record’s independent               
          demonstration that he filed fraudulent returns with intent to               
          evade tax, petitioner contends that imposition of civil fraud               
          penalties would be unfair.  Thus, the issue for decision is                 
          whether respondent’s penalty determination should be sustained.             
          We hold that it should.                                                     
                                     Background                                       
               Most of the facts have been stipulated, and they are so                
          found.  We incorporate by reference the parties’ extensive                  
          stipulation of facts and accompanying exhibits.                             
               At the time that the petition was filed, Donald Ray Hartley            
          resided in Jacksonville, Florida.                                           
               In early 1995, petitioner told his brother-in-law that he              
          needed someone to help him file several years’ worth of                     
          delinquent Federal income tax returns.  Petitioner had not yet              
          filed for those years because he knew he would owe money.                   
               Petitioner’s brother-in-law introduced him to a man named              
          Robert Rudolph (Mr. Rudolph), who was then employed by the                  







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