Donald J. and Lillian Joy Miravalle - Page 18

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               The account opened at Fortune Federal in 1982 with one                 
          incorrect digit in the Social Security number is just as likely             
          to have been a typographical error as intentional.  However,                
          during 1983, petitioners opened the Indian Rocks account under              
          the Social Security number ending with -3540.  The repositioning            
          of all of the last four digits of the Social Security number                
          cannot be ascribed to typographical error, especially since Mrs.            
          Miravalle's personal account at Flagship Bank had the same                  
          erroneous Social Security number.  During 1983, petitioners                 
          withdrew funds from the Park Bank account, deposited them into              
          their personal accounts, and after July 21, 1983, transferred               
          funds to the Indian Rocks account.  Petitioners then used the               
          Indian Rocks account as their primary business account instead of           
          the Park Bank account.  Petitioners' use of the Indian Rocks                
          account is a clear indication of petitioners' intent to conceal             
          their business income.                                                      
               Finally, we note that petitioners were convicted under 18              
          U.S.C. 371 (1994) of conspiracy commencing in 1983 to defraud the           
          United States by evading the tax due from them in violation of              
          section 7201.  This constitutes evidence of fraud for 1983.                 
               Based on the foregoing facts and the record as a whole, we             
          find that respondent has established that some portion of the               
          underpayment for 1983 was due to fraud.  For 1982, while                    
          petitioners failed to file a return, we find insufficient                   
          evidence of other badges of fraud.  Therefore, petitioners are              




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