Married couple Nancy and Dale Gribble reside a modest home in Arlen, Texas, where Nancy works as a salaried weather reporter and Dale is self-employed as an exterminator.
It is April 1, and Nancy has gotten a new job as a weather reporter in Houston. But the new job comes with only a modest increase in salary. Dale and Nancy have always dreamed of living in a fancy downtown Houston condo and they believe the time is right to buy one. But they have little savings and do not have the income to qualify for a large enough mortgage to do so.
“Not to worry, honey!” Says Dale. “It’s time to make the IRS work for me for a change!” On April 7, he prepares and files a tax return showing that he earned $100,000 dollars in taxable income. In reality, he has only earned $50,000 in taxable income. Although he made sufficient estimated payments and set aside enough money to pay taxes on $50,000 of taxable income, he cannot pay the additional tax on $100,000 of taxable income. Accordingly, he requests a payment plan.
Dale believes that he will be able to use the tax return showing $100,000 of taxable income to demonstrate to the bank that he will be able to afford the mortgage on the desired Houston condo.
Consider the following crimes that we have discussed in class: 26 U.S.C. § 7201 Evasion of Tax and Payment; 26 U.S.C. § 7206(1) Tax Perjury and § 7206(2) Return Preparation Fraud; 26 U.S.C. § 7202 Failure to Withhold, Account for, and Pay Over Tax; 26 U.S.C. § 7203 Willful Failure to File and Pay; 26 U.S.C. § 7212 Tax Obstruction; and 26 U.S.C. § 7207 Submission of False Documents.
Discuss whether Dale has committed each of these crimes. Limit response to 2 paragraphs