Anthony and Linda Walters - Page 26

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          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,           




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