- 22 - considered an innocent spouse within the meaning of section 6013(e). Therefore, we decline to apply that section. D. Fraud Penalties--Mr. Ortiz Whether Mr. Ortiz is liable for fraud penalties is more troublesome. The evidence is conflicting, and the indicia of fraud are weak. To be sure, his self-employment income from the wholesale used car business was underreported in both years and, according to the revenue agent who audited his returns, the books and records of the business were not entirely adequate. Therefore, the agent resorted to a bank deposits analysis in reconstructing the income of the business. As we have found, that analysis was flawed in certain respects. Furthermore, the records and data Mr. Ortiz furnished to Mr. Solano, his accountant and return preparer, were apparently sufficient to enable Mr. Solano to determine business gross sales, cost of goods sold, and expenses. Although respondent argues that Mr. Ortiz presented altered notations on checks received from Mr. Alvarado, it was not Mr. Ortiz who changed the notations from "advances for autos" to "prestamo", the Spanish word for loan. Mr. Alvarado made the changes after the checks cleared his Puerto Rican bank. Because of Mr. Ortiz' difficulty with the English language, his testimony was given through an interpreter. He was not represented by counsel. At times he appeared not to fullyPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011