purpose of evading a tax believed to be owing, Webb v. Commissioner, 393 F.2d 366, 377 (5th Cir. 1968), affg. T.C. Memo. 1966-81; McGee v. Commissioner, 61 T.C. 249, 256 (1973), affd. 519 F.2d 1121 (5th Cir. 1975). Respondent must prove that there was an underpayment, Parks v. Commissioner, 94 T.C. 654, 660 (1990), and that the taxpayer intended to evade taxes by conduct intended to conceal, mislead, or otherwise prevent tax collection. Stoltzfus v. United States, 398 F.2d 1002, 1004-1005 (3d Cir. 1968); Parks v. Commissioner, supra at 661; Rowlee v. Commissioner, T.C. 1111, 1123 (1983). The first element, the existence of an understatement of income is met. Both parties acknowledge the understate- ment of tax liability for the years in issue. With respect to proof of fraudulent intent on the part of petitioner, respondent has not satisfied its burden. The evidence set forth by respondent aims at exposing petitioner's knowledge of the circumstances of Mr. DiMichele's drug activities. However, nothing submitted by respondent purports to prove petitioner's fraudulent intent to evade income taxes. Although petitioner did sign the fraudulent income tax return, we find no act committed with the specific purpose of evading income tax. The record shows that petitioner's behavior was not focused upon committing fraud. By requiring a showing of intent, the legal standard requires more than simply a general knowledge of the circumstances. An examination of the evidence on the record leaves us with little awareness of petitioner's intentions. Petitioner was not involved with the couple's record keeping firsthand. Mr. DiMichele handled the couple's finances, with the exception of the monthly checks for expenses written by petitioner. Respondent has pointed to no single activity which would lead us to believe that petitioner deliberately misled the taxing authorities. In a similar case involving the wife of a drug trafficker, the Court wrote: The mere fact that [the wife] was aware of herPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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