Ramon and Irma Ortiz - Page 22

                                       - 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 fully                  






Page:  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