Estate of Leon Spear, Deceased, Jeannette Spear, Harvey Spear, and Robin Spear, Administrators, and Jeannette Spear - Page 13

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          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. United             









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