- 13 - did not have adequate records of their cash transactions. Trepple's testimony related to money the decedent and Mrs. Spear withdrew from their corporations and is not in context here. Petitioners contend that the source of the decedent and Mrs. Spear's cash hoard is irrelevant to whether respondent had a basis in fact to determine that the decedent and Mrs. Spear had no cash on hand. Even if the decedent and Mrs. Spear's contentions were true, it does not change our conclusion that respondent had a basis in fact for the determination about the amount of cash on hand. 4. Conclusion We conclude that respondent's position in the notice of deficiency that the decedent and Mrs. Spear had no cash on hand at the beginning of the net worth period and that they were liable for the addition to tax for fraud for the years in issue had a basis in fact. D. Whether Respondent Had a Basis in Law for the Position in the Notice of Deficiency 1. Basis in Law Petitioners do not dispute that the legal authorities cited by respondent govern the issues in dispute. Both parties cite United States v. Massei, 355 U.S. 595 (1958), Holland v. UnitedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011