- 39 - Finally, respondent asserts that petitioners’ explanation of their refusal to report a robbery indicates fraud on their part. Mr. Eddie Crabtree testified that his brother was robbed at gunpoint of approximately $15,000. Mr. Eddie Crabtree further testified that Mr. Morton, petitioners’ accountant, “was afraid to report it because the IRS would say--would throw up a yellow flag or red flag.” Respondent argues on brief that “the evidence indicates petitioners had every right to fear an audit given the fraudulent nature of the returns in issue.” We do not agree with respondent that petitioners’ failure to report the alleged robbery, based upon the recommendation of their accountant, supports a finding of petitioners’ fraud. On the basis of the entire record, we find that respondent has not met his burden of proving that any part of the underpayment of tax in these cases is due to fraud. Accordingly, we do not sustain respondent’s determination that Crabtree Investments, Ms. Jerry Crabtree, and Mr. Eddie Crabtree are liable for the fraud penalty under section 6663(a).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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