- 17 - 1. Implausible or Inconsistent Explanations of Behavior In finding that petitioner’s explanations were implausible or inconsistent, we stated that petitioner’s testimony about the cash hoard was not believable. Estate of Spear v. Commissioner, T.C. Memo. 1993-213 (slip op. at 59). The Court of Appeals found her testimony to be quite straightforward and to appear to be credible, Estate of Spear v. Commissioner, 41 F.3d at 11, and we have modified our earlier findings to what we believe is an appropriate extent based on her testimony, especially relating to petitioners’ dealing in cash before 1974. We conclude that this badge of fraud is no longer present. 2. Large Understatements of Income The discrepancies between petitioners' actual net income and the income they reported is reduced to the extent of their cash on hand on December 31, 1974. This badge of fraud is less compelling than before.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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