Donald Ray Hartley - Page 13




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          have been if he had simply filed his tax returns properly in the            
          first place.  Even if we were permitted to entertain arguments              
          based solely in equity,6 we would not sanction petitioner’s                 
          egregious violation of the law by permitting him to avoid the               
          consequences of his own choices; there are too many taxpayers who           
          unintentionally run afoul of the Internal Revenue Code and yet              
          are required to pay interest and applicable penalties to even               
          consider relieving petitioner of liability on equitable grounds.            
          Further, it was a condition of petitioner’s probation that he               
          cooperate with the IRS in the collection of all outstanding                 
          taxes, interest, and penalties; we are unclear on how petitioner            
          is able to say he has satisfied that condition when he proposes             
          that the penalties associated with his conduct be overlooked.               
               Petitioner is liable for the 75-percent civil fraud penalty            
          as determined in the notice of deficiency, and no argument--                
          legal or equitable--persuades us otherwise.                                 
               To reflect our disposition of the disputed issue,                      


                                                  Decision will be entered            
                                             for respondent.                          




               6  “The Tax Court is a court of limited jurisdiction and               
          lacks general equitable powers.”  Commissioner v. McCoy, 484 U.S.           
          3, 7 (1987).                                                                






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