Question juridique clé
Whether the appellant committed attempted tax evasion for 2007 state and federal taxes
Solution extraite
Yes. The constructive dividend created a taxable benefit that was not fully declared; the omission was intentional and the completed tax loss was prevented only by the tax authority's intervention.
Motifs extraits
The court relied on the binding earlier findings that a constructive dividend had been made. The appellant submitted no new evidence undermining those findings. His professional background and signed incomplete declaration showed at least eventual intent. Use of advisers did not relieve him of responsibility for correct declaration and review.