- 26 - concealment of assets are additional indicia of fraud. See Meier v. Commissioner, supra. Petitioners contend that even if this Court finds that the fraud penalty can be properly imposed against that portion of the deficiency arising from petitioner's personal use of the partnership's checking account, this Court must nevertheless find that the fraud penalty cannot be properly imposed against that portion of the deficiency resulting from the cashier's checks. We disagree. Petitioners' argument in this regard is wanting in substance. Petitioners have offered no credible evidence to refute respondent's proof of fraud with respect to any portion of the understatements. Hence, section 6653(b)(2) can provide petitioners with no refuge. Although we conclude that the record provides ample basis for finding that the entire underpayment of tax for each taxable year at issue is due to fraud on the part of petitioner, the record lacks a sufficient basis for us to conclude that any portion of the underpayment for any taxable year at issue was due to fraud on the part of petitioner Linda Walters (Linda). The fraud of one spouse cannot be attributed to the other spouse. Stone v. Commissioner, 56 T.C. 213 (1971). Respondent has the burden of proving by clear and convincing evidence that Linda intended to evade taxes. Rule 142(b); Stone v. Commissioner, supra. Respondent has not met this burden. While Linda may have known, or had reason to know, of petitioner's tax evasion scheme,Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011