Tax Excuses 201
and up.
- 201. I was throwing mail in boxes in
anticipation of moving, and many of the items I needed to file
income taxes were in these boxes, and I didn't really keep track of
where I put everything [Matter of Anonymous, Defense Office of
Hearings & Appeals, ISCR Case No. 98-0761 (30 June 1999), aff'd by
Appeal Bd. (27 December 1999).].
- 202. I was an inexperienced car salesman,
and was informed by my colleagues that it was the practice of the
trade to not report the receipt of the commission from the finance
company on my tax return [Hong Kong Inland Revenue Board of Review
Case No. D158/01 (22 February 2002).].
- 203. We didn't report the investment
income on our tax returns because part of it was really invested by
my wife's sister and brother-in-law for our severely disabled niece,
and we didn't draw up trust documents to show this because in our
culture such documents are considered to cast doubt upon everyone's
honesty and are considered to be insulting [Canonne v. Her Majesty
the Queen, Tax Court of Canada, Docket No. 1999-683-IT-G (10 April
2001).].
- 204. The Utah State Tax Commission should
have resubmitted my check to the bank after the check bounced,
instead of assessing the harsh late payment penalties on my business
[Matter of Anonymous, Utah State Tax Commission Appeal No. 01-0475
(7 August 2001).].
- 205. I shouldn't be liable for the
Super-tax on my United Kingdom income because I am not a resident of
the United Kingdom; I'm just staying here because the German Army
has occupied my home in France [Brooke v. Commissioners of Inland
Revenue, 7 Tax Cas. 261, [1917] 1 KB 61 (12 December 1917).].
- 206. I shouldn't have to pay the fuel tax
I evaded because the California State Board of Equalization audited
me for being an Armenian and for being listed as a possible defense
witness in a federal criminal fuel tax evasion case involving two
other Armenian defendants [Keshishyan v. State of California, 2002
Cal. App. Unpub. LEXIS 608 (1 May 2002).].
- 207. At my trial for theft and tax
evasion my income tax returns should not have been used as evidence
because they showed me to be a bad person for failing to report
income and pay taxes [State v. Greathouse, 56 P.3d 569 (Wash. App.
2002).].
- 208. As a paid preparer and as an Alabama
taxpayer, I strongly feel that sudden enforcement of the failure to
file quarterly estimated income tax return penalties by the
Department of Revenue on such a vast scale with no warningto
taxpayers was very unfair and unprofessional." [Department had
tightened up its enforcement of the law] Rosenbaum v. Dept. of
Revenue, Alabama Admin. Law Div., Dkt. No. INC-88-126 (22 March
1989).].
- 209. Our business overpaid the sales tax
for a prior period, so instead of petitioning for a refund of the
amount overpaid, we decided to recoup the overpayment by collecting
4 percent sales tax on riding lawnmowers sold during the audit
period, but only remitting 2 percent to the Department of Revenue
[Smith-Baker, Inc. v. Dept. of Revenue, Alabama Admin. Law Div.,
Dkt. No. S-01-477 (2002).].
- 210. The demand letter from the
California Franchise Tax Board was not proper because it was sent
from the "Filing Enforcement Program" instead of the "Operations
Division" (the Filing Enforcement Program was a part of the
Operations Division) [Matter of Merlin W. Saunders, California State
Board of Equalization, No. 118623 (7 May 2002).].
- 211. The staff member of our accounting
firm, who had limited experience, confused the Ohio due date for
extension requests with the Kentucky personal property tax return
due date, and by the time he had completed the Ohio extension
requests, the due date had already passed [Interactive Technologies,
Inc. v. Zaino, Ohio Board of Tax Appeals, No. 02-A-160 (7 June
2002).].
- 212. The tax return was not timely filed
due to the death of the husband of the employee who was responsible
for filing the return, and because we are a small company, there was
no one else familiar with the requirements of her duties (Due date
was 15 June 2001, the tax return was postmarked 27 July 2001 and
received 30 July 2001) [American Export Telephone Co. v. Zaino, Ohio
Board of Tax Appeals, No. 02-R-133 (17 May 2002).].
- 213. We filed our August and September
sales tax returns late because we thought that the due date was the
end of the month instead of the 20th of the month (the due date of
the 20th of the month was plainly printed on the tax return forms)
[Indiana Dept. of State Revenue, Letter of Findings No. 02-0146P (1
August 2002).].
- 214. My wife, who takes care of the
family tax matters, had significant stress-related memory problems
and was suffering from serious panic attacks and insomnia and gastro
problems, and when I attempted to take care of the tax returns I was
so overwhelmed by my wife's condition that I couldn't file the
returns either, and we didn't get around to filing the returns until
my wife went to live with her parents [Matter of Christensen-Morris,
California State Board of Equalization, No. 132272 (12 March
2002).].
- 215. "I am Amish and not up on all the
rules." [Hershberger d/b/a E & S Sawmill v. Zaino, Ohio Board of Tax
Appeals, No. 01-V-1162 (12 April 2002).].
- 216. My failure to timely file a tax
return was a result of my care-giving responsibilities provided to
my mother and my contemporaneous employment as an airline pilot
[Brosi v. Commissioner, 120 T.C. 5 (2003).]
- 217. The fact that we are a family run
business made it virtually impossible to timely file the 2001
Clackamas County Personal Property Tax Return [Therma-Glass, Inc. v.
Clackamas County Assessor, Oregon Tax Ct., No. 021119C, 2003 Ore.
Tax LEXIS 62 (8 April 2003).].
- 218. I was fresh out of dental school and
assumed the property tax was paid as part of the rent [Adam Francois
v. Washington County Assessor, Oregon Tax Ct., No. 020683C, 2002
Ore. Tax LEXIS 156 (24 December 2002).].
- 219. I stopped filing my tax returns
because every time I sent something to the IRS, it just got them
more provoked and they would come after me [Matter of Anonymous,
Defense Office of Hearings & Appeals, ISCR Case No. 99-0714 (26 July
2001).].
- 220. I knew that the corporation had
sales tax problems, but my main concern was getting back the money I
had invested in the corporation which I had borrowed from my
ex-girlfriend and my brother because my ex-girlfriend was down my
throat for her money, and my brother was also hassling me for
repayment [Matter of John J. Jacobson, New York State Division of
Tax Appeals, DTA No. 818784 (1 May 2003).].
- 221. I'm not sure when I filed my tax
return because the summer of 1991 was a period of divorce warfare,
and my documents from that time period were in a pile in New York
[McDermott v. United States, 1997 U.S. Dist. LEXIS 7008 (Dist. Mass.
1997), aff'd 1998 U.S. App. LEXIS 7428 (1st Cir. 1998), cert. denied
525 U.S. 1067 (1999).].
- 222. "Petitioner not being aware of what
he signed, by reason of mental incapacity signed a withdrawal of
protest thus affixing tax. The Tax Department having prior knowledge
of this undisputed mental incapacity ignored it and in bad faith
caused petitioner to enter into such an agreement." [Matter of
Chenab Restaurant, Inc. and Matter of Mohammad Janjua, New York
State Division of Tax Appeals, DTA Nos. 818882 & 818883 (19 June
2003).].
- 223. My accountant had heard rumors to
the effect that the Inland Revenue Department had revised or was
going to revise its policy about assessing and demanding additional
tax from taxpayers caught filing incorrect tax returns [Hong Kong
Inland Revenue Board of Review Case No. D171/01 (20 March 2002).].
- 224. My client shouldn't have to pay a
failure to file penalty because of the high turnover rate of Inland
Revenue staff (the taxpayer had repeatedly failed to file tax
returns on time) [Hong Kong Inland Revenue Board of Review Case No.
D149/01 (6 February 2002).].
- 225. We are entitled to a refund because
we were going through a very stressful time in our lives when the
1996 Income Tax Return was due and we are very unfamiliar with South
Carolina tax laws [Anonymous Taxpayers v. South Carolina Dept. of
Revenue, S.C. Adm. Law Judge Div., Docket No. 00-ALJ-17-0235-CC (30
May 2001).].
- 226. "From my own perspective, I am not a
non believer in taxation per se. I am specifically a non believer in
direct taxation for many reasons, the majority of which I will not
impose upon this tribunal. The two basic reasons why I cannot
believe in it are because I personally feel it is directly opposed
to an individual's freedom and has been used by successive
Governments to suppress its populace and force tyranny upon it.
Moreover it was unilaterally introduced (i.e. it was made law
without prior consultation with the electors, or being part of any
manifesto, nor has it been ever since) as a direct method of raising
monies for the propagation of war. The introduction of direct
taxation heralded a fundamental sea change in the Government's
relationship with its electorate. It was the turning point at which
the very nature of democracy changed and Government became the
tyrannical master of its electorate rather than the electorates'
servant. We have been slaves ever since." [Gladders v Prior
(Inspector of Taxes), [2003] STC (SCD) 245.].
- 227. My responsibilities within the
corporate hierarchy were limited to fund-raising, while Mr. Lenigan,
the majority shareholder, corporate president and dominant force
within the corporation who made all important corporate decisions,
was in the jungles of Colombia most of the time [Matter of Robert B.
Oehler, New York State Tax Appeals Tribunal, DTA No. 818059 (10 July
2003).].
- 228. I believe that the Income Tax
violates the Religious Freedom Restoration Act of 1993 [Hawkins v.
Commissioner, T.C. Memo 2003-181.].
- 229. I diagnosed myself as suffering from
a bipolar mental disease characterized by mania and depression,
which caused me to engage in spending binges and illusions of
grandeur, and to not file my tax returns. My mental state is
influenced by the lunar cycle and I am most prone to personal
eccentricities during full moon phases (Petitioner was not a
physician, but was a lawyer who represented clients before the Tax
Court [Zadan v. Commissioner, T.C. Memo 1993-85.].
- 230. I did not file my tax returns or pay
my taxes returns because I am The Messiah and the Witness from
Heaven. I bought this land 300 years ago, and as the owner of
America I am required to collect taxes, not pay them. After
Watergate, President Nixon gave the presidency to me rather than to
then Vice-President Ford, and the United States owes me for 20 years
of presidency wages [Watts v. Commissioner, T.C. Memo 1995-196.].
- 231. The reason I tried to bribe the IRS
agent to avoid paying my past due taxes and penalties was because I
had overextended myself financially, due largely to personal
expenditures related to my engagement and subsequent wedding.
[Commissioner v. Dennis G. Kaiser, Jr., N.J. Dept. of Banking &
Insurance, Final Decision & Order No. E02-271 (21 November 2002).].
- 232. I mistakenly mailed the $31,886
check intended for the Oregon Department of Revenue to the
California Franchise Tax Board, and the $340 check intended for the
California Franchise Tax Board to the Oregon Department of Revenue,
so by the time California forwarded the $31,886 check to Oregon the
tax payment was delinquent [Comerford v. Oregon Department of
Revenue, Oregon Tax Court, 2003 Ore. Tax LEXIS 84 (21 May 2003).].
- 233. I did not know that my employees had
made a lot of bad loans or failed to file tax returns for June 1998
through September 1998, and the Florida Attorney General's office
was holding my business documents in its investigation of an
unrelated matter. [Ron Ross Meardy, d/b/a Auto Liquidation Center,
v. Department of Revenue, Florida Dept. of Revenue Case No. DOR
01-4-FOF (20 June 2001).].
- 234. We shouldn't have to pay use tax on
the furniture we brought into Florida because we were the victims of
Hurricane Andrew and, but for our losses from that storm, we would
not have gone out and bought new home furnishings [Thurman v. Dept.
of Revenue, Florida Div. of Admin. Hearings, Case No. 96-4751 (5
August 1997).].
- 235. We didn't file our sales tax returns
because in July 1982 our floating restaurant at Mayport sunk, and we
have had cash flow problems because we have not yet collected our
entire settlement from the insurance company [Div. of Alcoholic
Beverages & Tobacco v. Sloane's Bar-B-Q, Inc., Florida Div. of
Admin. Hearings, Case No. 83-2657 (28 October 1983).].
- 236. I shouldn't be considered a
responsible officer for the payment of the company payroll taxes
because there were no company manuals or other documents that
enumerated what duties and responsibilities were vested in me as the
Vice President of Finance and Administration [Matter of "John Doe",
Illinois Dept. of Revenue Office of Admin. Hearings, Dkt. No. IT
03-1 (12 December 2002).].
- 237. We attempted to initiate an
electronic funds transfer payment of our sales taxes on 19 February
2001, but were unable to do so because our bank was closed for
President’s Day (The Illinois rules require that electronic funds
transfers be completed before a legal holiday if the due date falls
just after the legal holiday) [Matter of "Coffee House", Illinois
Dept. of Revenue Office of Admin. Hearings, Dkt. No. ST 02-29 (13
September 2002).].
- 238. My parents were interned in camps
during World War II because of their Japanese ancestry, and my
failure to file a tax return or pay the tax for the years 1994
through 2000 was a result of my mental illness caused by failure of
the United States government to acknowledge the wrongfulness of its
violation of the constitutional and civil rights of Japanese
Americans during World War 2 [Ozaki v. Commissioner, T.C. Memo
2003-213.].
- 239. Submitting the information about my
financial affairs to Inland Revenue subjected me inhuman or
degrading treatment, and required me to perform forced or compulsory
labour [Patrick v. Commissioners of Inland Revenue, [2002] EWCA Civ
1649 (Ct. of App., Civ. Div., 25 October 2002).].
- 240. The decedent’s estate should not be
subject to California income taxes on the postmortem residual
royalties from the films the decedent made in California during her
lifetime because when the decedent died she lived in New York
[Appeal of the Estate of Marilyn Monroe, California State Bd. of
Equalization, SBE-XX-178, 75-SBE-032 (22 April 1975).].
- 241. My wife had some side effects from
some surgery and her use of Valium, so instead of filing the
business’s withholding tax returns and checks with the Commissioner
of Revenue, she just stashed them into her desk drawer [John J.
Gargalianos v. Commissioner of Revenue, Massachusetts Appellate Tax
Board, Docket Nos. 167936-939 (18 January 1995).].
- 242. I was unable to complete my New York
State Income Tax returns because my ex-wife had moved to California
after we separated (he was still in New York; he had worked as a
paid preparer of other peoples' New York State tax returns) [Matter
of Terence G. Hickey, New York State Division of Tax Appeals No. DTA
818873 (18 September 2003).].
- 243. I thought that I would only be fined
if I were caught cheating on my taxes; I didn’t know that I could go
to jail for it! [People v. Leota L. Sevilla, 132 Ill.2d 113, 547
N.E.2d 117 (1988).].
- 244. "During the year, 1995, I did not
have the clear presence of mind nor the concentration to fulfill my
own business obligations" [Matter of Marilyn Bowman-Britt, N.Y.
State Tax Appeals Tribunal, Docket No. DTA 818976 (16 October
2003).].
- 245. I thought that I was going to
receive a refund and that I did not have to file a return under
those circumstances (How would the IRS know to issue a refund if he
didn't file a tax return?) [Matter of Anonymous, Defense Office of
Hearings & Appeals, ISCR Case No. 02-05871 (17 June 2003).].
- 246. I didn't pay my income taxes because
I wanted to make sure my son was debt-free when he completed college
[Matter of Anonymous, Defense Office of Hearings & Appeals, ISCR
Case No. 01-18881 (16 May 2003).].
- 247. My claiming of extra exemptions and
failure to file my tax returns was a radical stand in protest of my
employer's corporate greed, safety issues on the job and my
employer's callous treatment of the workers; and also the actions of
the federal agents at Ruby Ridge and Waco [Matter of Anonymous,
Defense Office of Hearings & Appeals, ISCR Case No. 01-24356 (11
October 2003).].
- 248. I didn’t pay my taxes because I had
the expenses of dining out, taxicab fares,
tickets to Radio City Music Hall, living in an apartment on Central
Park West, and other expenses necessary to establish a persona of a
successful person, which I needed in order to do my job as Senior
Vice President in a municipal bonds sales firm [In Re Lynch, 299
B.R. 62, 73 (Bankr., S.D. N.Y., 2003).].
- 249. After I was injured in a horse
riding accident I was operating at a diminished mental capacity and
was unable to fully comprehend financial matters (she had developed
several businesses and engaged in several real estate transactions
during the 10 years she failed to file her tax returns) [Matter of
M. Heidi Otto, N.Y.S. Div. of Tax Appeals, Determination No. DTA
818778 (20 November 2003).].
- 250. I didn't report my income subject to
salaries tax because the layout of the tax return form was changed
from the previous year [Hong Kong Inland Revenue Board of Review,
Case No. D101/02 (20 December 2002).].
- 251. We did not file our income tax
returns for the period in question because of laziness, and because
we spent more money than we received from selling cocaine [Anonymous
v. Collection Division, Utah State Tax Commission, Appeal Nos.
91-0427 & 91-0428 (17 March 1992).].
- 252. I am a student who was preoccupied
with school and bills, and due to my oversight I did not file my tax
returns [In re Anonymous, Utah State Tax Commission, Appeal No.
92-1613 (13 October 1992).].
- 253. My present wife was responsible for
paying bills and filing tax returns, but due to my court battle with
my ex-wife over child custody, medication for a child of my present
wife, and a football injury to another child, there was such stress
on my present wife that she had a nervous breakdown, and after my
CPA prepared the tax return, my wife did not file it. [Anonymous v.
Collection Division, Utah State Tax Commission, Appeal No. 86-0429
(20 November 1986).].
- 254. I didn't file my tax refund claim in
time because I was hiding from the police to avoid being arrested
[Garvin v United States, 124 Ct.Cl. 781, 111 F.Supp. 265 (1953).].
- 255. I knew that it was illegal to
possess marijuana, but I didn't know that the tax law imposed fines
and penalties for possessing unstamped tobacco cigarettes [Matter of
Christopher J. Brown, New York State Division of Tax Appeals No. DTA
819268 (31 December 2003).].
- 256. We weren't properly registered as a
vendor, so we shouldn't be required to keep tax records or be
subject to tax audits [Matter of American Stock Transfer & Trust Co,
New York State Division of Tax Appeals No. DTA 819159 (31 December
2003).].
- 257. The president of the corporation
suffered from a staph infection and depression, was diagnosed with
diabetes and gained over 200 pounds, his marriage fell apart and his
former spouse filed for bankruptcy (The president remained available
to discuss business during his illness, and was not the only person
with authority to conduct the corporation's financial transactions)
[Van Camp & Bennion v. United States, 2002 U.S. Dist. LEXIS 2926
(E.D. Wash. 2002), aff'd 2003 U.S. App. LEXIS 15089 (9th Cir.
2003).].
- 258. I moved to Colorado and let my son
and daughter-in-law run the business, and I didn't know that they
were neglecting business matters, draining money from the
corporation for their personal use, charging personal items on the
corporation's credit cards and not filing and paying the tax returns
[Carat Patch Designs, Inc. v. Tracy, Ohio Bd. of Tax Appeals, No.
97-T-1089 (11 December 1998).].
- 259. We are Ministers of the Gospel of
Jesus Christ, living by the grace and mercy of God, and not by
receipt of taxable worldly income [McCurry v. Commissioner, T.C.
Memo 1988-447.].
- 260. We didn't withhold and remit taxes
from the employee's paycheck because we considered him to be a
probationary employee [Income Tax Case No.1718, 64 SATC 43 (Cape Tax
Ct., South Africa, 2000).].
- 261. The chief cause of Applicant's
failure-to-file resulted from massive procrastination influenced by
a tendency toward perfectionism [Matter of Anonymous, Defense Office
of Hearings & Appeals, ISCR Case No. 01-24360 (14 January 2003).].
- 262. We had four tax managers in less
than two years and also had drastic changes in other personnel
[Matter of Cherokee Communications, Inc., Wyoming State Bd. Of
Equalization, Docket No. 99-134 (5 May 2000).].
- 263. I shouldn't be taxed as a California
resident because I only came to California to annul my marriage
after my husband abandoned me in Paris [Appeal of Eve Golden
Wiseman, Calif. State Bd. Of Equalization, Index No. 67-SBE-026 (24
April 1967).].
- 264. We were unable to file complete tax
returns on a timely basis because we experienced unexpected fast
growth of our business operation, our computer system had to be
reprogrammed, adequate personnel were not in place, and the
personnel then in charge covered up the situation [Washington State
Dept. of Revenue, Interpretation and Appeals Div., 3 WTD 63, Tax
Decision No. 87-135 (29 April 1987).].
- 265. I was just there to get the
restaurant going, and my responsibility for paying the taxes was on
paper only (he was president of the corporation) [Matter of Angus
Cooper, New York State Division of Tax Appeals No. DTA 819149 (5
February 2004).].
- 266. The IRS shouldn't have fired me for
not filing my income tax returns because my refusal to file State
and Federal returns was a valid protest against wrongdoing within
the IRS and therefore protected from reprisal, and my removal was
not for such cause as promotes the efficiency of the IRS because my
job performance continued to be satisfactory even after I refused to
file my tax returns [Joseph C. Cook v. Dept. of the Treasury, Docket
No. NY07528110326, Merit Systems Protection Board, 14 M.S.P.R. 268
(28 December 1982).].
- 267. I do not feel I should pay the
lateness penalties and interest because it is the responsibility of
the employer to take out the required amount from my paycheck (the
employer withholds based upon the employee's directions) [Illinois
Dept. of Revenue, Letter Ruling IT 96-0119-PLR (29 August 1996).].
- 267. "When our accountant prepared our
1994 U.S. and Illinois individual income tax returns, he sent them
to our office address rather than to our residence, as he always did
in the past." [Illinois Dept. of Revenue, Letter Ruling IT
96-0161-GIL (26 December 1996).].
- 268. I had requested that my general
excise tax license be cancelled, and after my license was cancelled
I didn't file the excise tax returns for the work done at my
barbershop [State v. Harry H. Ikeda, Hawaii Intermediate Ct. of
Appeals, 2003 Haw. App. LEXIS 256 (2003), cert. denied, 2003 Haw.
LEXIS 463 (2003).].
- 269. I shouldn't have to pay income tax
on my salary because I am a judge [Malta Inland Revenue, Bd. of
Special Commissioners, Case No. 3/52 (28 May 1953).].
- 270. The tax assessment made by the
Commissioner against me is invalid because it was written in English
and not in Maltese (English and Maltese are both official languages
of Malta) [Malta Inland Revenue, Bd. of Special Commissioners, Case
No. 14a/66 (10 May 1967).].
- 271. My accountant was working on an
offer and compromise with the government regarding my past tax
obligations, so I assumed that I did not have to file my current tax
returns while such negotiations were pending [People v. Richard
Arthur Morley, No. G030909, 2004 Cal. App. Unpub. LEXIS 580
(Cal.App., 4th Dist., 22 January 2004).].
- 272. Imposing a tax on my wages makes me
a slave, which is unconstitutional [Matter of Ricky Sinclair, Jr.,
New York State Division of Tax Appeals, No. DTA 819595 (19 February
2004).].
- 273. I was faced with the conflicting
duties of paying my taxes and supporting my family, and I should not
be penalized for choosing the latter (he sent his child to a private
school, took expensive vacations, leased a BMW and had a personal
trainer) [In re Epstein, 303 B.R. 280, 2004 Bankr. LEXIS 24, 2004-1
USTC (CCH) para. 50,127 (Bankr., E.D.N.Y. 2004).].
- 274. I gave my 1993 tax documentation to
a friend who moved in with my family in 1993 so she could return a
favor by preparing my 1993 tax return, but she disappeared with my
documentation, and I couldn't locate her because she was itinerant,
and I didn't get the documentation until the end of 1996 when her
foster mother called me to tell me that she found the documents in a
box after my friend had died (the grievant, who worked for Revenue
Canada, also failed to timely file her 1994 and 1995 tax returns)
[Matter of Diane Buset and Canada Customs & Revenue Agency, Canada
Public Service Staff Relations Bd., 2001 PSSRB 26 (14 March 2001).].
- 275. I was in the midst of a common law
marriage breakup, and I could not compel my former
wife to return the supporting documentation for my 1994 return
because there was no divorce lawsuit involved [DBCC District 2 v.
Goldstein et al., NASD Nat'l Business Conduct Committee, Complaint
No. C02950053 (28 August 1997).].
- 276. I thought that I did not have to
file my income tax return if I did not have the money to pay the
outstanding tax, and I was so busy that I relied upon my aunt to
file my tax returns but she was too sick to do it [Matter of Marla
Jinks, Arizona Dept. of Real Estate, Admin. Action No. 01A-141 (3
April 2002).].
I
- 277. prepared my tax returns, but my
father or my brother secretly failed to mail them to cause trouble
for me [Dept. of Energy, Office of Hearings & Appeals, Case No.
VSO-0048, 25 DOE para. 82,776 (27 October 1995), affirmed, 25 DOE
para. 83,010 (OHA 12 April 1996), affirmed (OSA 29 May 1996).].
- 278. I didn't file my tax returns because
I was depressed and had a severe problem with alcohol, and I had a
generally abnormal household for ten years [Dept. of Energy, Office
of Hearings & Appeals, Case No. VSO-0091, 26 DOE para. 82,755 (5
September 1996), affirmed (OSA, 5 November 1996).].
- 279. I was diagnosed with depression, I
am not a healthy, fully functional, normal individual, so my mental
health excused me from filing federal tax returns and entitles me to
not pay my bills [Dept. of Energy, Office of Hearings & Appeals,
Case No. VSO-0296, 27 DOE para. 82,829 (5 January 2000), affirmed
(OSA May 3, 2000).].
- 280. "In 1985 I moved house and I also
purchased two investment properties. From being a simple tax return
for me in previous years, matters became more complex and occurred
at a time when I continued preparing my own tax returns even though
their complexity had increased … My failure to file my tax returns
and comply with Court orders was not due to indifference or to avoid
tax. It was simply due to my inability to face the task of
assembling all documents to prepare the returns. That inability was
compounded by the medical condition I was experiencing as a result
of stress." [Law Society of Tasmania v Schouten [2003] TASSC 143
(Tasmania Sup. Ct., File No. M56/2003).].
- 281. I didn't timely file a notice of
appeal to the Hong Kong Inland Revenue Review Board because I live
in Macau and my business mail is received in a post office box in
Hong Kong Central (he regularly made trips to Hong Kong to access
his mail, and also could have filed the notice by mail from Macau)
[Hong Kong Inland Revenue Board of Review Case No. D2/03 (8 April
2003).].
- 282. I had nothing to do with remitting
the sales tax; I bought the tavern because my boyfriend, who was the
bartender and who managed the place, couldn't get a liquor license
because of his prior record, and he should be responsible for the
sales tax. I stopped going to the tavern because the atmosphere
wasn't right for me and I couldn't take being in the place (she gave
her boyfriend a rubberstamp of her signature to do the paperwork)
[Matter of Ellen E. Bullwinkel, New York State Division of Tax
Appeals No. DTA 819228 (13 May 2004).].
- 283. The State Tax Commission's
deficiency determination against me is flawed and must be canceled
because the Commission unlawfully obtained its information about my
income for which I did not file a tax return [Matter of Anonymous,
Dkt. No. 16609, Idaho State Tax Comm. (1 April 2003).].
- 284. I was prevented from paying the
sales taxes I collected at my Domino's Pizza franchise because the
Army closed down Fort McClellan [Calhoun County Pizza, v. Alabama
Department of Revenue (Alabama Dept. of Revenue, Admin. Law Div.,
Docket No. S. 03-986 (25 March 2004).].
- 285. My New York State Lottery winnings
should not be taxable because I was employed
by the Nigerian Consulate when I won the money [Jombo v.
Commissioner, T.C. Memo 2002-273].
- 286. "[The IRS] Revenue Agent testified
that petitioner rescheduled [tax audit conferences] 13 different
times. The excuses petitioner gave to respondent were numerous and
varied. Petitioner missed the conferences or needed to reschedule
the conferences for the following reasons:
(1) His mother was ill,
(2) his father was ill,
(3) his college roommate was ill,
(4) a close friend died,
(5) he needed to attend a closing,
(6) he needed to attend a closing for a friend,
(7) he needed to attend a closing for his law firm,
(8) the weather was too bad,
(9) he was working on a political campaign,
(10) he had to be in court,
(11) he was too busy with his law practice, and
(12) he was stung by a wasp." [Hardin v. Commissioner, T.C. Memo.
2004-77.].
- 287. I didn't file my income tax refund
claim on time because my law office records were seized by the
Minnesota Lawyers' Professional Responsibility Board during my
disbarment proceedings, and it was inconvenient for me to make an
appointment with the Board to view the records [Hatlie v.
Commissioner of Revenue, Minnesota Tax Court, Docket No. 4127 (16
September 1987).].
- 288. The 538 cartons of unlawfully
stamped cigarettes found in my apartment were not mine, but were
being held there by my son for someone known as "the Fat Man"
[Matter of Bi Lan Jiang, New York State Div. of Tax Appeals, Docket
No. DTA 819340 (17 June 2004).].
- 289. Our neighborhood association is
composed of homeless urban residents who are
quatters on a piece of land worth 3,297,800 pesos, which the owner
agreed to sell to us if we pay the capital gains and other transfer
taxes, and we only want to pay one million pesos total because our
members belong to the urban poor sector [Philippines Bureau of
Internal Revenue, Ruling No. 019-2003 (28 November 2003).].
- 290. The Utah Tax Commission standard for
determining reasonable cause for failure to file is too stringent,
the IRS is much more lenient, and if a less stringent standard were
used by the Tax Commission then the relationship between tax
practitioners and the State of Utah would be enhanced [Matter of
Anonymous, Utah State Tax Commission Appeal No. 87-0057 (25 January
1988).].
- 291. We have consistently filed our tax
returns late because I am an investor and investment advisor and our
tax returns are therefore very complex [Matter of Phillip F. and
Judy Kauffman Goldstein, New York State Division of Tax Appeals No.
DTA 819377 (22 July 2004).].
- 292. We shouldn't be taxed on the
business we did in New York State because we didn't
obtain the required certificate to do business in New York State
[People v. Tropical Fruit Corp., 223 App.Div. 864, 228 N.Y.S. 189
(3d Dept. 1928), aff'd 252 N.Y. 605, 170 N.E. 160 (1930).].
- 293. The prize money I won on the quiz
show should not be taxed because I was never an employee of the
television station [Commonwealth Taxation Board of Review
(Australia), Ref. No. 37-38/1967, 41 C.T.B.R. (N.S.) Case 45 (19
February 1968).].
- 294. Our client cannot attend his tax
appeal hearing because he is subject to arrest and prosecution for
tax fraud if he ever returns to Hong Kong, and besides, he risks
infection by the SARS virus epidemic if he were to travel to Hong
Kong for the hearing [Hong Kong Inland Revenue Board of Review Case
No. D46/03 (6 August 2003).].
- 295. I did not remit the $5,000 payment
to my employer or report it on my income tax return because I was
not given a Form 1099, so I didn't think that the IRS would ever
find out about it [Matter of Application of Cvammen, 102 Ohio St. 3d
13, 806 N.E.2d 498 (2004).
- 296. I filed late tax returns for the
years 1996 through 1999 because I was in the Army and stationed in
Saudi Arabia for Operation Desert Shield and Operation Desert Storm
during 1990 and 1991 [Lykes v. Commissioner, T.C. Memo 2004-159).].
- 297. The Bankruptcy Court should
discharge our tax debts because our failure to file our tax returns
and pay the taxes was not due to criminal willfulness, but was the
result of mere procrastination [Matter of Steinkrauss, 313 B.R. 87;
2004 Bankr. LEXIS 1072 (Bankr., D. Mass. 2004).].
- 298. The Oregon Department of Revenue's
notices of deficiency against me should be vacated because the
Department of Revenue waited more than three years after they
learned from the IRS that I didn't file a Federal tax return [Ward
v. Dept. of Revenue, Docket No. TC-MD 030424A, 2004 Ore. Tax LEXIS
93 (Oregon Tax Ct., 16 August 2004).
- 299. "The plaintiff complains, according
to his complaint delivered in writing, that the defendant offered
resistance to the court officer in regard to the collection of the
chimney tax. The defendant says that he offered resistance because
he would not allow his property to be carried out of his house" [La
Montagne v. van Neck, New Netherlands Inferior Court of Justice
(Kleine Banck van Justitie), Fort Orange Court Minutes, p. 211 (14
September 1660) (Charles T. Gehring, transl., at p. 529, Syracuse
Univ. Press, 1990).] [N.B. Money was scarce in colonial New York, so
taxes were often levied and collected using commodities such as farm
products or beaver pelts as the medium of exchange.].
- 300. I should be able to claim my stock
market trading losses as theft loss deductions because Paine Webber
stole my money by getting me drunk with alcoholic beverages and
allowing me to make unwise investments [Yoakum v. Commissioner, T.C.
Memo 2004-191.].
- 301. Residual anger and depression
brought on by my divorce caused me to procrastinate and ignore my
1994, 1997, 1998, 1999, 2000, 2001, 2002 and 2003 income tax filings
[Matter of Anonymous, Defense Office of Hearings & Appeals, ISCR
Case No. 03-02306 (18 June 2004).].
- 302. My wife and I did not file our
income tax returns for 12 years because we did not know how to
handle the exemption status of her children and were afraid of the
repercussions from the IRS for our failure to file, so we did
nothing [Defense Office of Hearings & Appeals, Case No. 02-10280 (14
July 2004).].
- 303. We shouldn't have to pay the
manufacturing tax on our bakery's sponge cakes because they are
really pastries and not cakes [Herbert Adams Proprietary, Ltd. v.
Federal Commissioner of Taxation, 47 CLR 222, 2 Australian Tax
Decisions 31 (High Ct., 4 August 1932).].
- 304. I am a Free Moorish-American
Sovereign National, De Jure Legitimate, Immunis Party, an Official
of the Great Seal Nation Association of Moorish Affairs, and
therefore exempt from tax liability [Department of Correction v.
Rivera, New York City Office of Admin. Trials & Hrgs. Index No. OATH
1170/01 (29 May 2001).].
- 305. We thought that the payment of
$2,500.00 towards our 2000 New York State Income Tax was received
because our checking account bank statement had, next to the listing
for check number 2245, the notation "NSF", which we thought stood
for "New York State Finance," so we didn't know that the check had
bounced because there were No Sufficient Funds in the account
[Matter of Abdyl & Vivian Koprencka, New York State Division of Tax
Appeals No. DTA 819407 (30 September 2004).].
- 306. The members of our Board of
Directors are of old age and they did not notice the date specified
for the furnishing of the tax return [Hong Kong Inland Revenue Board
of Review Case No. D94/03 (5 February 2004).].
- 307. I forgot that my mother had passed
away, so accidentally I claimed the dependent parent allowance for
her on my tax return [Hong Kong Inland Revenue Board of Review Case
No. D95/03 (5 February 2004).].
- 308. As a result of some disputes with
the Teachers Retirement System that required litigation, we fell
behind in the filing of some of our State and Federal income tax
returns [Matter of Erskine & Elinor Agee, New York State Div. of Tax
Appeals, Docket No. DTA 819544 (7 October 2004).].
309. The sales should be exempt from taxation because the
investigator from the Revenue Crimes Bureau was killed and our
papers he had were destroyed when the World Trade Center was
attacked on September 11, 2001 (the owner of the business had
already pleaded guilty to criminal tax fraud) [Matter of A.V.S.
Laminates, Inc. & Steiger Boat Sales, Inc., New York State Div. of
Tax Appeals, Docket No. DTA 819295 and DTA 819301 (4 November
2004).].
310. "[Y]our Petitioner by Reason of Age and Sickness is incapable
of Working and make[ing] Cropps as also his wife is antient and your
petitioner hath noe servant worke for [him] which Incappassitys him
to pay the publick and County Leavies. Your petitioner [there]fore
humbly prays that he may be by order of Court Discharged from paying
his Leavyes." [Petition of Thomas Hyde, Prince Georges County Court
Records 1696 - 1699, page 24 (28 August 1696) (Published in Court
Records of Prince George's County, Maryland, 1696 - 1699, p. 22
(Joseph H. Smith and Philip A Crowl, eds., American Hist. Assn.,
1964).).].
- 311. “We are a very reputable CPA firm
operating in San Luis Obispo, California, where we process a number
of California property tax returns. Unfortunately, with the purchase
of Chemron by Lubrizol in 2002 in addition to staff changes in our
office, the filing of Chemron’s Ohio property tax return was
overlooked. … If we had had the foresight to file an extension, the
return and payment would have been considered timely." [Chemron
Corp. v. Zaino, Ohio Board of Tax Appeals, No. 2003-A-1442 (23 April
2004).].
- 312. We had a time extension to file our
property tax return, but the extension was for Portage County and
not Geauga County, and if we had filed the tax return with the
Portage County Auditor's Office instead of the Geauga County
Auditor's Office it would have been timely [Lee V. Silvis v. Zaino,
Ohio Board of Tax Appeals, No. 2002-G-1585 (7 March 2003).].
- 313. "I unknowingly became the
Unjustified Victim of the State of Alabama’s Department of Revenue’s
Witch Hunt, Harassments, Libel, Target, etc., etc." [Edward Gibson
v. State, Alabama Dept. of Revenue, Admin. Law Div., Dkt. No. INC.
03-613 (29 January 2004).].
- 314. We failed to make any monthly
payment on our past sales tax delinquency because the monthly amount
due was too high, based on our cash flow [Matter of Anonymous, Utah
State Tax Commission Appeal No. 03-1253 (29 July 2004),
reconsideration denied, 16 August 2004).].
- 315. If something happens to me my
parents will make sure the IRS is paid, or I will pay it myself from
my inheritance after my parents pass away (petitioner was a
54-year-old disbarred attorney who had made no payments for over 3
years on a $53,000 outstanding tax deficiency) [Matter of John J.
Mogck, III, Pennsylvania Supreme Ct. Disciplinary Bd., 78 DB 1992
(28 September 2004).].
- 316. "I am not required to contribute to
such things as funding Oregon's abortion program that kills unborn
children with $ 3.7 million dollars from the general fund.
Furthermore, I am not required to pay taxes when the taxes will be
used to fund activities that are evil, violate my conscience, hinder
my faith, or, damage my ability to worship Almighty God" [Jamie
Danielle-Thayer Berkey v. Dept. of Revenue, Oregon Tax Ct., Case No.
TC-MD 040081B, 2004 Ore. Tax LEXIS 106 (27 September 2004).].
- 317. I stopped making my delinquent tax
payments because the California Franchise Tax Board didn't send me
any receipts for the prior payments I made while I was overseas
[Appeal of Shubert, Calif. State Bd. of Equalization, 79-SBE-161 (25
September 1979).].
- 318. My wife, who was the office manager
of my company, suffered from depression which drove her to
compulsively spend personal and corporate funds and to attempt
suicide, so we were late with the payroll taxes. When the IRS
informed us of the delinquency we fired the bookkeeper, but my wife
still didn't pay the company taxes on time [Donald's Electric &
Refrigeration Service, Inc. v. United States, 2005 U.S. Dist. LEXIS
3486 (W.D. Va. 2005).].
- 319. I believe that the New Mexico income
tax is too high and that I should not be liable for amounts in
excess of the tax withheld from my paycheck by my employer [Matter
of Benny Nevarez, New Mexico Taxation & Revenue Dept., Decision &
Order No. 02-19 (30 September 2003).].
- 320. We are Texas residents who work at
the White Sands Missile Range, and we shouldn't have to pay income
taxes to the State of New Mexico because New Mexico has spent very
little money in our behalf [Lung v. O'Chesky, 94 N.M. 802, 617 P.2d
1317 (N.Mex. 1980), app. dism'd 450 U.S. 961 (1981).].
- 321. Our taxes were late because our
bookkeeper was on leave, but the penalty should be waived because we
are a nonprofit corporation and could use the funds for a better
purpose [Matter of ARCA, New Mexico Taxation & Revenue Dept.,
Decision & Order No. 03-06 (13 May 2003).].
- 322. We are an out-of-state company, and
even if we were negligent in preparing our New Mexico tax returns we
should be held to a lower standard than an in-state company [Matter
of D & H Pump Service, Inc., New Mexico Taxation & Revenue Dept.,
Decision & Order No. 02-23 (2 October 2002).].
- 323. I shouldn't be charged a tax on all
of my unreported gambling winnings because I shared half of them
with my lady friend [Klingaman v. Commissioner, T.C. Summary Opinion
2005-36.].
- 324. We were unable to timely file our
sales tax returns because our business drastically declined on
account of the September 11th terrorist attacks, the SARS outbreak
and the airline bankruptcies [International Restaurant Management
Corp. v. State, Alabama Dept. of Revenue, Admin. Law Div., Dkt. No.
S-03-472 (21 January 2004).].
- 325. We shouldn't have to collect the
resort tax from the tourists and remit it over to the Tribal Council
because we are not members of the Crow Tribe (the appellants
operated tourist resorts on the Crow Indian Reservation) [Rose v.
Adams, Civ. App. No. 95-27, 2000 Crow 1 (Crow Indian Reservation
Court of Appeals, 11 January 2000).].
- 326. I'm not really a tax expert; I
became a federal revenue officer only by the chance of politics (the
defendant, convicted of tax evasion, had served as Brooklyn District
Collector of Internal Revenue from 1941 - 1944, and as Commissioner
of Internal Revenue from 1944 - 1947) [United States v. Nunan, 236
F.2d 576, 580 (2d Cir. 1956), cert. denied 353 U.S. 912 (1957).].
- 327. I do not deny that I owe $250.46 on
my New York State Income Tax, but the courts denied me justice in my
dispute with my landlord and with the New York City Housing
Authority, and I won't pay the tax until I get justice from the
Housing Department [Matter of Edwin L. Williams, New York State
Division of Tax Appeals No. DTA 819907 (14 April 2005).].
- 328. “We are a very reputable CPA firm
operating in San Luis Obispo, California, where we process a number
of California property tax returns. Unfortunately, with the purchase
of Chemron by Lubrizol in 2002 in addition to staff changes in our
office, the filing of Chemron’s Ohio property tax return was
overlooked. … If we had had the foresight to file an extension, the
return and payment would have been considered timely." [Chemron
Corp. v. Zaino, Ohio Board of Tax Appeals, No. 2003-A-1442 (23 April
2004).].
- 329. We had a time extension to file our
property tax return, but the extension was for Portage County and
not Geauga County, and if we had filed the tax return with the
Portage County Auditor's Office instead of the Geauga County
Auditor's Office it would have been timely [Lee V. Silvis v. Zaino,
Ohio Board of Tax Appeals, No. 2002-G-1585 (7 March 2003).].
- 330. "I unknowingly became the
Unjustified Victim of the State of Alabama’s Department of Revenue’s
Witch Hunt, Harassments, Libel, Target, etc., etc." [Edward Gibson
v. State, Alabama Dept. of Revenue, Admin. Law Div., Dkt. No. INC.
03-613 (29 January 2004).].
- 331. We failed to make any monthly
payment on our past sales tax delinquency because the monthly amount
due was too high, based on our cash flow [Matter of Anonymous, Utah
State Tax Commission Appeal No. 03-1253 (29 July 2004),
reconsideration denied, 16 August 2004).].
- 332. If something happens to me my
parents will make sure the IRS is paid, or I will pay it myself from
my inheritance after my parents pass away (petitioner was a
54-year-old disbarred attorney who had made no payments for over 3
years on a $53,000 outstanding tax deficiency) [Matter of John J.
Mogck, III, Pennsylvania Supreme Ct. Disciplinary Bd., 78 DB 1992
(28 September 2004).].
- 333. I didn't pay taxes because I
believed that the government used the money to violate the rule of
law and the Nuremberg principles [Regina v. Ricci, [2002] O.J. No.
3727, 55 W.C.B. (2d) 406 (Ontario Ct. Justice, 2002), aff'd [2003]
O.J. No. 5134 (Ontario Superior Ct. Justice 2003), app. dism'd
[2004] O.J. No. 4161 (Ontario Ct. App., 2004).].
- 334. My family was under a financial
strain, and I could not control my spending and eventually filed the
false tax returns because I felt an overwhelming need to care for my
wife, daughters, and co-workers, and it was ego-alien for me to
disappoint these people [Matter of Bruce Hlavacek, Texas State
Office of Administrative Hearings, Dkt. No. 54-99-0053.C (15 June
1999).].
- 335. I was raised in an orphanage, and I
knew I should have filed my tax returns but I did not realize that
failure to file the returns was a crime [Matter of Herbert C.
Mueller, M.D., Texas State Office of Administrative Hearings, Dkt.
No. 503-99-1613 (December 1999).].
- 336. "The Federal Income Tax return
attached hereto could not be filed within the time required by law,
on account of the fact that business conditions prevented the
keeping of sufficient clerical help to compile the information. And
that throughout the months of February, March and April of this year
it was necessary to use the regular clerical help in distributing
both City and State Automobile License plates, thus making it
impossible to close the books and compile the information sooner."
[Pioneer Automobile Service Co. v. Commissioner, 36 B.T.A. 213
(1937).].
- 337. I didn't file my tax return because
I had broken parole and did not want to put myself on record where I
could be located [Cohen v. Commissioner, U.S. Tax Ct. , Docket No.
39927, 12 T.C.M. (CCH) 392 (1953).].
- 338. "I come along for the ride, only.
I'm in a United States penitentiary doing 25 years. When I finish
that, I go to Nevada to do a life sentence. All I wanted to do was
come up here for a ride. What that man [the IRS attorney] says is
exactly true. Now, it's back to you, friend." (Spoken at trial in
the United States Tax Court. The IRS had assessed tax based upon
income from proceeds of the two bank robberies for which he was
convicted.) [Gary
Frederick Ayers v. Commissioner, T.C. Memo 1978-341.].
- 339. I didn't file my tax returns because
I had a depressive disorder and was not capable of dealing with the
filing requirements [Dept. of Energy, Office of Hearings & Appeals,
Case No. VSO-0133, 26 DOE para. 82,782 (2 July 1997).].
- 340. I didn't pay my taxes because I had
a sleep disorder [Thompson v. Commissioner, 97-2 U.S.T.C. (CCH)
para. 50,748, 1997 U.S. App. LEXIS 27139 (10th Cir. 1997).].
- 341. I should not have to pay income tax
on the $16,113 royalty income I received in the year 2000 from
Warner Chappell Music until the IRS forces Warner Chappell to admit
that I am owed additional royalties for that year, or at least until
the IRS investigates Warner Chappell (he did not file a 2000 tax
return, and had other royalty income from other recording companies)
[Robert Eugene Poindexter v. Commissioner, T.C. Memo. 2005-122.].
- 342. "Every walk of life had been badly
affected by atypical pneumonia last year. Additional time was
required to pass the information and discuss with the relevant
parties located both in and outside Hong Kong to finalize the
accounts. Our client also had to make sure that the factory and
staff, who traveling outside Hong Kong, would not be affected by
atypical pneumonia. There was a delay in filing the tax return but
the amount of delay is not significant" [Hong Kong Inland Revenue
Board of Review Case No. D63/04 (8 December 2004).].
- 343. I didn't report my income from fur
trading because it was money I made from my hobby, not from my
business [Watson v. Commissioner, T.C. Memo 1988-29.].
- 344. The deficiency notice issued to me
by the IRS was invalid because it was issued by the Holtsville, New
York office of the IRS, and I live in Tennessee so it should have
been issued by the Memphis office [Kelly v. Commissioner, T.C.
Summary Opinion 2005-87.].
- 345. We had cash flow problems on account
of the foot and mouth disease outbreak, combined with the bad
weather at the beginning of the year. [Landscape Maintenance Ltd.
and Commissioners of Customs & Excise, London Tribunal Centre (VAT)
(Plymouth, 16 January 2003).]
- 346. "Several years ago I became aware of
the immoral activities that our government was involved in with my
tax dollars. At that time I adjusted my life style so that I would
not owe and taxes and therefore not be supporting this activity.
However, last year I found it necessary to take a 'normal' job and
thus have had to file the enclosed return this year. I have
requested on the return that all money collected through payroll
deductions be returned. As long as one child is murdered in the womb
with tax dollars, or one young person is being taught premarital sex
of OK in school or one family is being broken up for easy welfare
money or any of the other inappropriate ways the government is
encouraging sin, then I'm afraid that I can not contribute." [Lane
v. Commissioner, T.C. Memo. 2005-182.].
- 347. Assessing the penalty for possessing
cigarettes with counterfeit tax stamps at the maximum rate of
$150.00 per carton is excessive, and it places an economic burden on
my limited financial resources [Matter of Ahmned Nasser, New York
State Division of Tax Appeals No. DTA 819908 (28 July 2005).].
- 348. "There was not a structure in place
to accommodate the revenue stream." (Quote to the news media from
Tim Meche, Esq., attorney for rap artist Percy "Master P" Miller, on
Miller's plea bargain in the Middle District of Louisiana for
failing to file a corporate income tax return for his record
company, which earned over $2 million) [Penny Brown Roberts, "Master
P Pleads to Tax Charge in BR Operation," The Advocate (Baton Rouge),
6 February 2004).].
- 349. "It was – that was the furthest thing
from my mind. My bills were the furthest thing from my mind."
(Defendant, who avoided jail time with a guilty plea, had been a Tax
Fraud Investigative Aide for the IRS who had not filed her own tax
returns for years 1997 through 1999) [United States v. Raquel
Forero, No. CR 03-10380, Dist. Mass., 16 December 2003 Indictment,
page 2 (reporting statement made by defendant at prior hearing).].
- 350. We shouldn't have to pay our taxes
for the years 1994 through 1998 because the Ministry of National
Revenue was late in assessing the taxes (the company did not respond
to repeated requests for information from the MNR) [Maya Forestales
S.A. v. Her Majesty the Queen, 2005 TCC 66 (Tax Ct. of Canada
2005).].
- 351. In a developing country such as ours,
a sophisticated or disciplined company law inherited from another
place inhibits growth rather than aids it, and has a frustrating
effect on energetic people with an eye to improving themselves and
others [Kaputin v The State, [1979] PNGLR 559 (Sup. Ct. of Justice,
Papua New Guinea, 1979).].
- 352. I owe the IRS nothing because any tax
assessments must be calculated with tax returns filed by the
taxpayer, and I cannot be taxed because I have not filed any returns
[In re Charles A. Weatherley, 169 B.R. 555, 560 (Bankr., E.D.Pa.
1994).].
- 353. "The tax form was filed delinquent
due to a new computer software for managing due dates that our
[accountant's] firm had installed." [Gaydash Industries, Inc. v.
Wilkins, Ohio Bd. of Tax Appeals, No. 2005-A-297 (5 August 2005).].
- 354. My records were destroyed by an
ex-roommate [Cantrell v. Alabama Department of Revenue, Alabama
Dept. of Revenue, Admin. Law Div., Dkt. No. INC-04-234 (15 February
2005).].
- 355. "There are many reasons for the late
payment, not the least of which is Hurricane Ivan, five burglaries,
and the firing of the person in my accountant's office that handled
these accounts." [Simple Investments, Inc. v. Alabama Department of
Revenue, Alabama Dept. of Revenue, Admin. Law Div., Dkt. No.
S-05-418 (28 June 2005).].
- 356. I decided in my own mind that I
wasn't liable for income tax, and I stopped filing returns [Joseph
John Martella v. Commissioner, T.C. Memo. 2005-216.].
- 357. I did not have an opportunity to
review the tax return because my ex-husband, at the last minute,
insisted that I sign the return immediately so that he could mail
the return before the deadline (she unsuccessfully tried to use the
"innocent spouse" defense to avoid liability on the jointly-filed
income tax return) [Simon v. Commissioner, T.C. Memo. 2005-220.]
- 358. The Internal Revenue Manual reveals
secret a default process used by the Internal Revenue Commissioner's
delegates, so we exercised our right to equal treatment under the
law by performing the same administrative default process upon the
IRS that the IRS uses upon the people [Gallegos v. Commissioner,
2005 U.S. App. LEXIS 21814 (10th Cir. 2005).].
- 359. I contracted a cold which developed
into a bronchial condition that caused my return to New York to be
delayed until the end of April, 1925 [Irving Berlin v. Commissioner,
59 F.2d 996 (2d Cir. 1932), cert. denied 287 U.S. 642 (1932).].
- 360. I suffered from bilateral tendinitis,
carpal tunnel syndrome and periods of depression (during the tax
years at issue she was constantly employed, was running her own
startup network marketing business and was able to file other tax
documents) [Joyce M. Thomas v. Commissioner, T.C. Memo. 2005-258.].
- 361. "I can't afford to pay the penalties
and interest, because my income is limited due to my physical
disabilities and limitations (see attached). Any further collection
of monies by the IRS will deprive me of obtaining medical help to
cope with my physical condition and cause long-term and permanent
effects. .... In March of 1976, I was in an accident, in which I was
hit by a car while riding my bicycle. I suffered numerous permanent
and irreversible injuries. I have been injured, handicapped and
limited every [sic] since. I certainly expect relief from the
insurmountable penalty & interest charges." (Petitioner was
gainfully employed before and after the tax years at issue (1995
through 1998) and was self-employed during 1995 - 1998) [James
Murden Wilcox v. Commissioner, T.C. Memo. 2005-257.].
- 362. Our vacation travel plans did not
leave us with enough time to appeal our tax case [Chiulli v. IRS,
2005 U.S. Dist. LEXIS 22415 (S.D.N.Y. 2005).].
- 363. My ex-husband got angry when I asked
him what was happening with the IRS with our tax problems, so I
didn't know that we owed so much in back taxes until the IRS tried
to collect from me when my ex didn't pay the IRS as agreed in our
divorce [Negoescu v. Commissioner, T.C. Summary Opinion 2005-161.].
- 364. I shouldn't be liable for the New
York City Unincorporated Business Tax or the Occupancy Tax because I
am a journalist [Frye v. Commissioner of Finance, 62 N.Y.2d 841, 466
N.E.2d 151, 477 N.Y.S.2d 611 (1984).].
- 365. I didn't file my tax returns from
1997 to 2002 because I was chemically dependent on OxyContin [James
H. Jordan v. Commissioner, T.C. Memo. 2005-266].
- 366. I shouldn't have to pay the penalty
for missing tax stamps on cigarettes because the 259 unstamped
packages of cigarettes were found in the basement of my club and
were not kept behind the bar [Matter of "John Doe", Illinois Dept.
of Revenue Office of Admin. Hearings, Dkt. No. CT-05-1 (10 March
2005).].
- 367. In the immediate aftermath of the
September 11 tragedy, many of the cities where we provided security,
baggage check and screening services to the airlines exempted our
revenue from any form of taxation at all, so we should also get a
tax break on our revenue from services we provided to Delta Air
Lines at JFK Airport in New York during this period [Matter of
Worldwide Security Associates, Inc., New York State Division of Tax
Appeals No. DTA 820233 (17 November 2005).].
- 368. "I respectively [sic] request that
all associated penalties be abated, as there was no willful neglect
to collect sales tax or self assess use tax during the audit period.
Additional taxes were assessed due to normal human errors that
sometime [sic] occur when dealing with very high volumes of
transactions, customers and invoices." … "It is due only to human
error that all taxes were not collected and remitted during the
audit period. At no time did [we] have material disagreements as to
the taxability of product for sale nor do we dispute our
responsibility to collect the tax. As we all know, humans are
fallible and sometimes make errors in judgment and performance."
[Indiana Dept. of State Revenue, Letter of Findings No. 04-0256P, 28
Indiana Register 1957 (1 March 2005).].
- 369. New York State tax law exempts income
earned in foreign countries from the New York State income tax.
Since New York State has a constitution and a government with a
legislature empowered to make laws, New York State meets the
criteria of a foreign country. Therefore, because my income was
earned in New York State, it is exempt from taxation under the New
York State income tax laws [Matter of Quentin Rivers, New York State
Division of Tax Appeals No. DTA 820156 (22 December 2005).].
- 370. The audit deficiency on my mixed
beverage gross receipts tax should be reduced because my husband
grossly mismanaged the business and the business environment was
hostile [Texas Comptroller of Public Accounts, Docket No.
200510368H, Hearing No. 44,842 (12 October 2005).].
- 371. I requested that my name be placed on
the Treasury Department's "no call" list [Hennard v. Commissioner,
T.C. Memo. 2005-275.].
- 372. The HK$600,000 I received from my
ex-employer when my division was terminated should not be subject to
the Salaries Tax because it was an Appreciation Bonus to show my
ex-employer's gratitude for my work during the transitional period
[Hong Kong Inland Revenue Board of Review Case No. D4/05 (13 April
2005).].
- 373. My 1999 income tax return was filed
late because I suffered serious back injuries as a result of three
separate automobile accidents in 1989 and 1991, my father was killed
in an automobile accident in 1997, and on the way to identifying my
father's body I stepped into a hole in my mother's yard, aggravating
my pre-existing back injury and becoming more permanently and
seriously disabled (she successfully ran her own dog breeding
business from her home) [Marta Gropper v. United States, 2005 U.S.
Dist. LEXIS 28141, 96 A.F.T.R.2d (RIA) 7133 (E.D. Pa. 2005).].
- 374. When I practiced dressmaking to
supplement my Jamaica Constabulary Force salary I was not permitted
to have secondary employment, so I did not have a registered
establishment, kept no books and made no tax returns (automotive
personal injury plaintiff's claim for lost earnings in that
enterprise was denied)[Walker v. Pink, Jamaica Supreme Court Civil
Appeal, No. 158/01 (2003).].
- 375. The sales tax penalties should be
abated because of my extended absence from the business to take care
of my disabled children (despite the owner's extensive business
experience, he failed to maintain a general ledger, a cash receipts
book , cash disbursements book or cash register tapes) [Matter of
RYKG, Inc., New York State Division of Tax Appeals No. DTA 819983 &
819984 (12 January 2006).].
- 376. My corporation had financial
problems, I had no assets, and if the interest and penalty on the
unpaid sales & service tax were waived then I would be able to pay
off the taxes owed [West Virginia Office of Tax Appeals, Docket No.
05-586 C (29 December 2005).].
- 377. The IRS's assessment of additional
income taxes was invalid because it was based on information the IRS
obtained from my employer about my tips, which are private
transactions between me and my employer [Branka Petrie v.
Commissioner, T.C. Memo 1990-168.].
- 378. The jury was prejudiced because a
large number of IRS and government agents sat directly behind the
prosecution table throughout the trial and glared at us, intimidated
us, and caused some of the jurors to fear that if they acquitted us
the IRS might retaliate against them (their tax fraud convictions
were upheld on appeal) [United States v. Rutherford, 2006 U.S. App.
LEXIS 1702 (9th Cir. 2006).].
- 379. I didn't report my taxable disability
pension income on prior tax returns, so I shouldn't be taxed on it
for this year [Burnham v. Commissioner, T.C. Summ. Op. 2006-8.].
- 380. Paying my tax obligations was not a
priority to me (he purchased a new home and a Cadillac, sent his
children to private school and went on a cruise with his wife) [In
re Claxton, 335 B.R. 680 (Bankr., N.Dist. Ill. 2006).].
- 381. I am a minister of the gospel, and
the $80,000 kickbacks I received from the company that was
constructing my church should be excluded from my income as a love
offering and shouldn't be taxed [United States v. Snowden. 770 F.2d
393 (4th Cir. 1985).].
- 382. I weighed over 360 pounds; suffered
from abnormally high blood pressure, diabetes, and sleep
deprivation; and was overwhelmed by my infirmities [he was the CEO
of a 500+ employee corporation that defaulted on its withholding tax
payments to the IRS) Cappetta v. United States, 2006 U.S. Dist.
LEXIS 1609 (N.D. Ill. 2006).].
- 383. I believed that limiting my clients'
false charitable contribution deductions to 10 percent of their
income would avoid IRS audits of their tax returns which my office
prepared [United States v. Samuel Joseph DeAngelo, U.S. Attorney's
Office, Central District of California, Press Release No. 06-016 (7
February 2006).].
- 384. It was my first year in business, I
was very busy with suppliers and customers and had a staggering
workload [Scott Parsons Century Moulding Co. v. Hood River County
Assessor, 2005 Ore. Tax LEXIS 215, Oregon Tax Ct., Docket No. TC-MD
050136A (26 October 2005).].
- 385. All my substantiating documents were
either destroyed in hard disk crashes or lost while moving (he
didn't file his 1998, 1999, 2000 or 2001 tax returns until 28
October 2002, and did not file his 1997 tax return at all)
[Christensen v. Commissioner, T.C. Memo. 2006-62.].
- 386. As the pastor of the church, I grew
the congregation from 500 to 2,000 members, and increased the weekly
collections from $7,000 to $41,000, so I was entitled to skim $1,000
a week as tax-free income from the collection plate. I wasn't really
stealing from the church because the board had offered me a raise
anyway, but if I had accepted the raise then that income would have
been reported to the IRS and would have been taxable (the Bishop,
whose annual salary before skimming was $109,000, was sentenced to
18 months in prison for tax evasion) [United States v. William A.
Ellis, 440 F.3d 434 (7th Cir. 2006).].
- 387. We couldn't timely file and pay our
sales tax returns for September 2003 through February 2004 because
the New York State Division of Taxation's actions to collect our
past tax delinquencies from 1998 through 2001 hurt our business
[Matter of Rockwell's Restaurant Corp., New York State Division of
Tax Appeals No. DTA 820114 & 820314 (13 April 2006).].
- 388. The $25,000 I received from my wife's
doctor should not be taxable income because it was a gift given by
the doctor to ease his conscience after he had an affair with my
wife when she was his patient [Peebles v. Commissioner, T.C. Summary
Opinion 2006-61.].
- 389. The failure to file and failure to
pay penalties should not apply to me because my parents raised me to
believe that the Internal Revenue Service was an illegal
organization and taught me not to file tax returns or pay taxes, and
I believed that my parents would disown me if I ever filed a return
or paid taxes [Ruth Ann Gillings v. Commissioner, T.C. Memo.
2006-65.].
- 390. The IRS's audit adjustments to our
year 2000 corporate income tax return necessitated the filing of
more than 400 state and local amended tax returns, and we were too
busy working on the other tax returns to timely file the Virginia
state corporate amended income tax return [Virginia Tax
Commissioner, Ruling No. 06-37 (5 April 2006).].
- 391. We didn't remit our employees'
withholding taxes because after the September 11th terrorist attack
the economy weakened and we lost receivables when clients such as
Enron and Global Crossing went bankrupt, so instead of paying over
the withholding taxes we sunk the money into trying to grow company
so we could sell it [Staff It, Inc. v. United States, 2006 U.S.
Dist. LEXIS 8793 (S.D. Tex., 2006).].
- 392. I should be allowed the dependency
exemption for my half-brother's half-brother's two children who
didn't live with me because I paid their father money to support
them. I don't have many receipts for the money I gave to support the
children because where we come from, we don't use money. It is very
hard for us to know how to use money. We don't keep receipts of
every little things we buy, for buying food or buying clothes, or
anything, or even, you know, we just give money, we forget about it.
The children's father is a member of my tribe and where I come from
in Africa all our tribe members are considered the same family
[Daniel D. McBol Aruai v. Commissioner, T.C. Memo. 2006-98.].
- 393. I shouldn't be taxed on my
sponsorship income from playing at Wimbledon because I am not a
United Kingdom resident and the sponsorship fees were paid to me by
non-UK entities [Andre Agassi v. Robinson, [2006] UKHL 23.].
- 394. I was too busy losing weight after my
heart attack and angina episode to oversee the payroll tax payments
of my corporation (he was able to repay himself the money he had
loaned to the corporation during that time) [Savage v. United
States, 2006 U.S. Dist. LEXIS 9014 (E.D.Calif., 2006).].
- 395. I am being punished unfairly in being
assessed the penalties for evading the sales tax on the paintings I
purchased. I did what many, many people did in avoiding the payment
of sales tax, and I am being treated differently from others who
have voluntarily filed and alerted the Department to the issue (he
pleaded guilty to Federal criminal fraud charges and filed the tax
returns only after the criminal indictment was secured against him)
[Matter of Samuel D. Waksal, New York State Division of Tax Appeals
No. DTA 820118 (25 May 2006).].
- 396. I mistook my mother’s date of death
and there was a gap of three months between the real date of death
and the mistaken date of death; I did not realise that I had made a
mistake until I was invited by the Deputy Commissioner to make
representations; I did not collect the employer’s return which had
been sent to one of the three business addresses of my employer; I
was busy and it was my husband who filled in the return for me; I
had no clue about money and figures and was careless, but the errors
were unintentional; and I had financial difficulty because I had to
pay for my mother-in-law’s medical treatment and for my 3-year old
daughter’s speech therapy training at $600 per session [Hong Kong
Inland Revenue Board of Review, Case No. D47/05 (16 September
2005).].
- 397. I thought that since I had paid the
tax, there was no need for me to respond to the notice from the
Commissioner of the intent to assess additional tax for making an
incorrect tax return [Hong Kong Inland Revenue Board of Review, Case
No. D50/05 (7 October 2005).].
- 398. The lateness penalties assessed by
the IRS should be waived because the IRS's Estate Tax Attorney
wrongly advised us that the filing date was given an additional
extension from 11 February 2002 until 11 June 2002 (the Estate Tax
Return was not filed until 4 December 2002 [David T. Welch v. United
States, 2006 U.S. Dist. LEXIS 27671 (No. 03-5044, Dist. N.J., 3 May
2006).].
- 399. When I prepared my income tax return
I realized that I had mistakenly treated one of my stocks for a long
term capital gain, but when I went to correct it I realized it would
cost me more in taxes than I wished to spend, so I intentionally
overvalued the basis of the stock to lower my tax obligation. I
regarded the IRS as an adversary and disliked them because of their
invasive and arbitrary methods when they audited me, and I was
willing to overcome my adversaries by any means possible, including
cheating [Matter of Anonymous, Defense Office of Hearings & Appeals,
ISCR Case No. 02-31428 (29 March 2005).].
- 400. The New York Tax Appeals Tribunal
wrongly disregarded my husband's testimony because suffers from
Alzheimer's disease and he had previously pleaded guilty to
conspiracy to commit securities fraud; they should have credited his
testimony and granted me innocent spouse relief from the tax
penalties imposed on our joint return [Rubin v. Tax Appeals
Tribunal, 814 N.Y.S.2d 804 (3d Dept. 2006).].
- 401. "My husband was a partner in one of
the largest accounting firms in the world. His attitude was, if he
couldn't prepare a proper return, no one else could. He said, don't
bother me asking me, asking me questions, just sign it." (she was a
school teacher with a college degree) [Cohen v. Commissioner, T.C.
Memo 1987-537.].
- 402. The company's operations would have
ceased sooner and the employees would have lost their jobs earlier
if the employee's payroll withholdings had been timely paid to the
IRS [In re Branagan, 2006 Bankr. LEXIS 1286 (Bankr., E.D. Pa., No.
02-19355, 12 May 2006).].
- 403. I didn't file my 2000 income tax
return until 2004 because of my medical afflictions and my belief
that I was being erroneously targeted by the IRS as a tax shelter
marketer [Peter K. Chow v. Commissioner, T.C. Summary Opinion
2006-116.].
- 404. We imported sunglasses that were
manufactured in China and then sent to Holland and then to us in the
United Kingdom, but the purchase invoice paperwork went from China
to the USA to Holland to the UK, so we were reluctant to lodge our
quarterly VAT return until the purchase invoices arrived
[Iconeyewear Distributions Ltd. v. Her Majesty's Revenue & Customs
(No. 19566, Manchester Tribunal Centre, 27 April 2006).].
- 405. I shouldn't be liable for the tax
penalties on the 103 cartons of unstamped cigarettes found in my car
because the reservation Indians from whom I purchased the cigarettes
didn't have to pay taxes on them [Matter of John H. Davis, New York
State Division of Tax Appeals No. DTA 820262 (20 July 2006).]
- 406. I filed my 1998, 1999 and 2000 tax
returns late because of constant transit and relocations (he was the
CEO of a large hospital system) [Sherif S. Abdelhak v. Commissioner,
T.C. Memo 2006-158.].
- 407. When I stipulated the $263,450.70
amount of non-dischargeable taxes with the IRS in my 2001 Chapter 7
Bankruptcy proceeding I never really intended to pay all of it; my
understanding was that the settlement was structured to allow me to
pursue an offer in compromise with the IRS, and I was unable to
reach an acceptable compromise so I then filed this Chapter 13
Bankruptcy proceeding in 2005 [in re Grover Donald Lanham, Bankr. L.
Rep. (CCH) para. 80,663, 2006 Bankr. LEXIS 1560 (Bankr., Dist.
Colo., No. 05-10498, 24 March 2006).].
- 408. My criminal conviction for failing to
file my tax returns should be overturned because my trial attorney
had experienced similar problems with the IRS [United States v.
Metteer, 2006 U.S. Dist. LEXIS 22282 (Dist. Ore., 20 April 2006).].
- 409. I believe that income taxation above
10 percent is confiscation and that everybody tries to cheat when
the tax becomes too confiscatory [United States v. Michael E.
Diesel, 2006 U.S. Dist. LEXIS 37877 (Dist. Kans., 8 June 2006).].
- 410. I assumed that my father's estate
would remit the store's payroll taxes to the IRS [Harold v. United
States, 2006 U.S. App. LEXIS 20603 (6th Cir. 2006).].
- 411. If my business were required to
register with Revenue & Customs retroactively to the year 2001, then
the payment of the back taxes and penalties would be catastrophic
and drive me into bankruptcy (he had failed to register when he took
over the business in 2001, and an on-site Revenue investigation had
found that not all purchases were recorded in the cash register)
arrived [Mehmet Gurbuz v. Her Majesty's Revenue & Customs (No.
19682, London Tribunal Centre, 8 August 2006).].
- 412. The introduction of the Goods and
Services Tax in 1999 caused a substantial increase in the amount of
taxation compliance work which I had to undertake for my clients. I
could not cope with the volume of that work and my health suffered;
I had hypertension, severe ulcer problems and sleep apnea, and was
unable to lodge my own tax returns [In re Iacono and Tax Agents'
Board of Victoria, [2006] AATA 136 (Commonwealth Admin. App.
Tribunal (Australia), 17 February 2006).].
- 413. The late filing penalties imposed
upon me should be abated because I was incarcerated and did not know
about the State's sales tax amnesty program [Matter of John Doe
d/b/a ABC's Auto Sales, Illinois Dept. of Revenue Office of Admin.
Hearings, Dkt. No. ST 06-9 (12 April 2006).].
- 414. The business ceased to function as a
bar and restaurant in February 2003 on account of a catastrophic
event on the premises in which several people died, and because of
this event and the resulting legal problems, neither the business
nor I have been able to pay the business tax liabilities [Matter of
John Doe, Illinois Dept. of Revenue Office of Admin. Hearings, Dkt.
No. ST 06-1 (6 January 2006).] [N.B. This obviously refers to the
infamous E2 Club fiasco in Chicago.].
- 415. I didn't intend to understate my
income on the tax return; I merely got the decimal point wrong by
one digit to the left [Hong Kong Inland Revenue Board of Review,
Case No. D59/05 (23 November 2005).].
- 416. I earned the money while working in
Antarctica, so I shouldn't be taxed on it [Arnett v. Commissioner,
126 T.C. 89 (2006). I didn't file my 2001 tax return by April 15,
2002 because my part-time employer was very demanding, I had
tremendous difficulties at home, and 2002 was a terrible year for my
family [Sanders-Castro v. Commissioner, T.C. Summ. Op. 2006-161.].
- 417. "Our request for a reduction or
elimination in the assessed tax penalty can be categorized more as a
request for leniency in light of the unusual circumstances which
took place with our accountant during the spring of 2004, when his
personal illness resulted in the late tax return and appeal filings.
We have previously forward to your office evidence from our CPA that
supports the claim of his serious illness and hospitalization"
[Ideal Builders Supply & Fuel Co. v. Wilkins, Ohio Board of Tax
Appeals, No. 2005-M-355 (8 July 2005).].
- 418. I did not report my share of the
undistributed Subchapter S corporation income on my tax return
because "during the second week of January 2002, my wife proceeded
to throw me out of my home, which is where the business was located.
She changed the locks. She stripped our corporate bank accounts, our
personal bank accounts, charged up all the cash she could on my
credit cards to over $ 50,000, $ 60,000, and she physically, lock,
stock, and barrel, locked me out of the corporation." [Sweeney v.
Commissioner, T.C. Summ. Op. 2006-169.].
- 419. The additional tax for the early
distribution from my retirement plan should not apply it would be a
financial hardship to us, and any errors on our tax are attributable
to the TurboTax program [Ghazitehrani v. Commissioner, T.C. Summ.
Op. 2006-170.].
- 420. I didn't use my checking account to
make charitable contributions to my mosque, but this list is based
upon the receipts they gave me, which I no longer have because I
shredded them (the taxpayer had also submitted to the IRS a bogus
receipt letter from the Salvation Army) [Curtis Muhammad v.
Commissioner, T.C. Summ. Op. 2006-174.].
421. It came as a surprise and a shock to me to discover that I was
required to be registered for the Value Added Tax, and it was not my
fault that I lacked the requisite knowledge to register. As a busy
tradesman, about whose concerns the contractors who provided me with
work did not wish to know, I lacked the opportunity to learn about
the impact of VAT on my business [Stephen Lawrence Edward Condon v.
Her Majesty's Revenue & Customs (No. 19837, London Tribunal Centre,
26 October 2006).].
422. "I accept that I may have suffered from the child in a sweet
shop in the quantity purchased however as it is the first time I
have ever stepped into Europe I feel I could be excused. The
products were legally purchased and tax paid and for my personal
use. Your officer used very experienced questioning and was somewhat
artful in his approach. I have no complaint in this regard. I
incorrectly gave the impression that I would recover the cost from
my son and daughter this is not correct I was attempting to justify
to him the quantity I had. Also I had traveled some 350 miles to get
to Dover and was tired …" (the customs agents had seized 12.5
kilograms of rolled tobacco which he had improperly brought into
England from Ostende without paying the duties, and which he claimed
were for personal use) [Patrick John White v. Commissioners of
Customs & Excise, Case No. E00285, London Tribunal Centre (1 May
2002).].
423. I shouldn't be responsible for the company's unremitted payroll
taxes because I was simply a yes girl for the owner [Matter of Jane
Doe, Illinois Dept. of Revenue Office of Admin. Hearings, Dkt. No.
IT 06-5 (22 March 2006).].
- 424. We want the lateness penalties abated
because in late 2002 or early 2003 there was a breakdown in our
Durango, Colorado office due to insufficient supervision and tardy
management. This problem was not discovered until June of 2004, and
when we tried to arrange a loan commitment to repay the back taxes
our lender said that it would only lend us money to repay the taxes,
but would not agree to lend us money to repay the lateness penalties
[Matter of Redrock Foods, Ltd., New Mexico Taxation & Revenue Dept.
Decision & Order No. 06-16 (14 September 2006).].
- 425. I didn't file my tax returns on time
because I am a single father living 170 miles from my employment and
was going through a contentious divorce . [Matter of Anonymous,
Defense Office of Hearings & Appeals, ISCR Case No. 03-25024 (31 May
2006).].
- 426. I filed my tax return late because I
was busy running for Congress, and my accountant was busy with being
the treasurer for my campaign [Vocelle v. Commissioner, T.C. Memo
1968-5.].
- 427. I didn't report all of my business's sales taxes because
I relied on the college students I hired to total my cash register
tapes for me [D. W. Walters, Inc. v. State, Alabama Dept. of
Revenue, Admin. Law Div., Dkt. No. S. 05-503 (17 March 2006).].
- 428. I didn't file my tax returns for 2000, 2001 and 2002
because was fully occupied running my family's business. I work 90
to 100 hours a week keeping up with extensive responsibilities
running businesses located in several states, dealing with my dad's
estate, and overseeing my daughter's business interests. I kept all
business returns timely filed and the only thing that could be put
on the back burner was my federal and state personal income tax
returns, and my accountant died shortly after he began preparing
them in 2004 [Matter of Anonymous, Docket Nos. 19261 & 19369, Idaho
State Tax Comm. (10 July 2006).].
- 429. "Taxpayer contends that he is a 'tax payer' (two words)
rather than a 'taxpayer' (one word); and therefore, he is not
subject to the income tax since only 'taxpayers' (one word) are held
liable for the income tax" [Matter of Anonymous, North Carolina
Dept. of Revenue, Hearing Docket No. 2002-209 (31 July 2002).].
- 430. I misread the IRS instructions and thought that they
permitted me to claim my stepfather, who died in early 2000, as a
dependent for tax year 2001 (taxpayer was employed as a Tax
Examining Assistant for the IRS) [Underwood v. Department of the
Treasury, M.S.P.B., Docket No. AT-0752-05-0664-I-1 (30 September
2005), review denied, 29 March 2006, aff'd 2006 U.S. App. LEXIS
30508 (Fed. Cir. 2006).].
- 431. I didn't properly document my cash contributions and
expenses because of the stress and chaos in my home situation and my
lack of specific knowledge of the tax law (he was an IRS Senior
Executive who was married to an IRS employee, and had proffered
conflicting evidence and altered documents) [William M. Robertson v.
Department of the Treasury, M.S.P.B., Docket No. CH-0752-04-0138-I-1
(February 2, 2005), aff'd 2006 U.S. App. LEXIS 12639 (Fed. Cir.
2006), cert. denied ___ U.S. ___, 127 S. Ct. 566 (2006).].
- 432. Our clerks forgot to invoice our main customer, so we
didn't have the cash to pay the VAT, and our Director didn't notice
this because his focus is more on business development than on
administration of the business [Scarce Skills Ltd. v. Her Majesty's
Revenue & Customs (No. 19955, London Tribunal Centre, 13 December
2006).].
- 433. I am incarcerated in federal prison, I thought my wife
had filed joint income tax returns for both of us, and I can take
care of this matter when I am released from custody [Matter of
Anonymous, Docket No. 19390, Idaho State Tax Comm. (29 August
2006).].
Most of the time had passed for the State Tax Commission to issue
its Notice of Deficiency to me, so it only seems reasonable that my
case not be pursued (the Notice was issued 24 days before the 3-year
statute of limitations expired) [Matter of Anonymous, Docket No.
19431, Idaho State Tax Comm. (1 September 2006).].
- 434. I don't dispute that I owe the additional tax assessed
when they audited me, but I think that the assessment should be
reduced to zero to compensate me for the time I spent on the tax
audit [Matter of Anonymous, Docket No. 19201, Idaho State Tax Comm.
(29 August 2006).].
- 435. "Petitioner maintains that soon after he became
self-employed in 2000, he experienced a serious and debilitating
dependency on alcohol, which dependency ultimately rendered him
unable to perform most routine daily tasks, including the filing of
income tax returns." [Matter of Robert J. Tortorici, New York State
Division of Tax Appeals No. DTA 821002 (4 January 2007).].
- 436. "I was under tremendous stress and medical conditions
that did not allow me to function normally in the daily life. As
soon as I became capable of living my normal life I addressed the
issues that burdened me during that time." [Evangelista v.
Commissioner, T.C. Memo. 2007-9.].
- 437. From 1998 to 2005, in varying manner, three successive
bookkeepers I hired to prepare tax returns and pay the taxes failed
to file some of the returns after I signed them, and failed to send
checks I signed to the IRS for the taxes [In re Moulton, 721 N.W.2d
900 (Minn. 2006).].
- 438. I was sick and my tax return preparer had a brain tumor
[Bhattacharyya v. Commissioner, T.C. Memo. 2007-19.].
- 439. We filed the IRS copies of our Form 1099s late because
they were on computer diskettes and our clerk thought that computer
diskettes were a form of electronic media subject to the March 31
deadline instead of magnetic media subject to the February 28
deadline [Great American Title Co. of Green County, Inc. v. United
States, 2006 U.S. Dist. LEXIS 72672, 98 AFTR 2d (RIA) 7250 (W.D. Mo.
2006).].
- 440. My brother Carmen embezzled the withheld payroll tax
funds when he was vice-president of the company, and there were no
unencumbered funds available to the corporation to pay the back
taxes when I regained control of the corporation [Paris v. United
States, 2006 U.S. Dist. LEXIS 73795, 98 AFTR 2d (RIA) 7277 (M.D.
Fla. 2006).].
- 441. I was an employee and not an independent contractor, so
I was unable to file my income tax return because I received a Form
1099-MISC instead of a Form W-2 [Roiland v. Commissioner, T.C. Summ.
Op. 2007-22.].
- 442. I remitted my Value Added Tax late on account of mild
forgetfulness [Christopher Hugh Gordon Puddle v. Her Majesty's
Revenue & Customs (No. 20017 (LON/2006/1128), London Tribunal
Centre, 15 February 2007).].
- 443. "In 2002, while attending Loyola Law School, I acquired
a severe eye infection in both eyes which required hospitalization
and consults from physicians in Texas and Louisiana. Because I was
unable to see/read, I submitted all of my tax documents to Thomas
Vicknair, who prepared my return in 2002 and the previous 4 or 5
years. In 2003, Mr. Vicknair had a sudden stroke/heart attack and
died in 2003. Because he was a sole proprietor, I have had
difficulty retrieving many of my tax documents from his widow. I
reasonably relied on the professional tax advice provided by Mr.
Vicknair and because of his untimely and sudden death, I am unable
to explain why he neglected to claim certain income despite being
provided with proof of same. Because of my own health problems,
particularly my impaired vision, I was unable to verify the contents
of my return in 2002 despite reasonable efforts." [Becnel v.
Commissioner, T.C. Summ. Op. 2007-35.].
- 444. We didn't have enough money to pay the Value Added Tax
on time because the company had used its funds to make loans to its
directors [QN Hotels, Ltd. v. Her Majesty's Revenue & Customs (No.
20048, London Tribunal Centre, 8 March 2007).].
- 445. "The Appellant's reason for not paying [the VAT] was
that it had a temporary cash flow difficulty because of unexpectedly
high sales during the period in the question." (!) [Cardiolgic, Ltd.
v. Her Majesty's Revenue & Customs (No. 20058, Manchester Tribunal
Centre, 8 March 2007).].
- 446. I filed my tax return late on account of my temporal
lobe spiking, and I regretted following my accountant's advice to
report the $25,000 early IRA withdrawal, so I was showing good faith
by sending the IRS any money at all [Kaldi v. Commissioner, T.C.
Summ. Op. 2007-45.].
- 447. We invested the profits from our limited liability
company with Merrill Lynch, but Merrill Lynch lost it, leaving us
unable to satisfy our tax obligations on the profits [Zisskind v.
Commissioner, T.C. Memo. 2007-69.].
- 448. We shouldn't have to pay the
additional taxes assessed at the audit of our diner because the tax
auditor assigned to our case lacked sufficient training or
experience in conducting audits of diners [Cronos Enterprises Inc.,
New York State Division of Tax Appeals, DTA Nos. 820738, 820739 &
820741 (21 March 2007).].
- 449. We didn't pay the tax on time because there had been
several floods in one of our shops and several break-ins in another
shop [Buxhall Ltd. v. Her Majesty's Revenue & Customs (No. 20075,
Ref. LON/2006/0848, London Tribunal Centre, 20 March 2007).].
- 450. "I was under the impression that if you paid your taxes
out of your paychecks through your employer and therefore would be
receiving a tax return [sic, should be "refund"] that you did not
have to file a tax return." [Matter of Anonymous, Dkt. No. 1810,
Idaho State Tax Comm. (5 December 2006).].
- 451. The tax preparer's computer got infected with a virus
and was rendered inoperative, and the tax preparer had to
reconstruct the tax returns with only one person working in the
office [Hong Kong Inland Revenue Board of Review, Case No. D50/06 (6
October 2006).].
- 452. My accountant gives me lots of papers to sign, and I
honestly don't know what I'm signing for [Illinois Dept. of Revenue
v. John Doe, Illinois Dept. of Revenue Office of Admin. Hearings,
Dkt. No. IT 06-8 (8 May 2006).].
- 453. I didn't file my individual income tax returns because
if I had filed them without including the amount of the income
and/or loss from the Subchapter S corporations in which I was an
officer and shareholder, it would have constituted tax evasion (he
had been forging signatures on company checks) [Illinois Dept. of
Revenue v. Jim Doe, Illinois Dept. of Revenue Office of Admin.
Hearings, Dkt. No. IT 06-15 (31 July 2006).].
- 454. "He is not in communication with the IRS as to how to
resolve his back taxes. He explained his tax lawyers would not
address the issue until he had filed all his tax returns." [Matter
of Anonymous, Defense Office of Hearings & Appeals, ISCR Case No.
05-16779 (30 April 2007).].
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