- 21 - Simco. Any assessment of Neal’s actions, therefore, begins with his learning of John’s diversions in August 1992. Neal’s participation in the decision to treat the diverted funds as compensation and to file amended corporate returns on that basis was not fraudulent, certainly not without a showing that Neal was aware that claiming compensation deductions in these circumstances was erroneous. Respondent has not produced such evidence; rather, the evidence shows that Neal was acting on the advice of Simco’s accountant. Cf. King’s Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. at 517 (“We have a strong suspicion that * * * [the taxpayer] took the deduction knowing that there was a substantial question as to the validity of that action. But suspicion of fraud is not enough.”). While we do not doubt that Neal’s actions in filing the amended corporate returns were also influenced by the knowledge that the audit of Dix Scrap was likely to produce IRS scrutiny of Simco, this motivation does not change our conclusion. The amended returns, although claiming erroneous deductions, substantially disclosed the diverted income.9 9 In King’s Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511 (1992), the taxpayer filed an original return that failed to report certain income and then filed an amended return that reported the income but claimed offsetting compensation deductions, similar to the instant case. However, in King’s Court Mobile Home Park, Inc., the amended return was filed within the time required to file a return, so the amended return took (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011