Eugene Kernan - Promoter Loses in Tax Court

[jcolvin2]

http://www.ustaxcourt.gov/InOpHistoric/ ... CM.WPD.pdf

Despite having his briefs stricken for failing to comply with page limits, Court rules in favor of TP on issue of fraudulent failure to file penalty (holding frivolous beliefs by itself is not enough to prove fraud by clear and convincing evidence), and declines - at this time - to impose the 6673 penalty.

I will try to remember to update the link to the permanent link tomorrow.

How did we miss this guy?

(Edited to insert permanent link to Tax Court opinion 11/4/2014 11:00 am PST.)

[Dr. Caligari]

Your title is a bit incomplete. He lost on the merits of his frivolous claim-- that he didn't have to file tax returns until the IRS sent him a letter telling him he had to-- and therefore was found liable for the tax and the delinquency penalty, but he won on the fraud penalty (a significant victory) and the court also rejected the IRS's motion for a frivolous litigation penalty. So he did quite a lot better than the usual pro se tax protester.