- 18 - Commissioner, T.C. Memo. 1994-454; Avery v. Commissioner, T.C. Memo. 1993-344; Williamson v. Commissioner, T.C. Memo. 1993-246. On the basis of the foregoing, we hold that respondent has shown by clear and convincing evidence that the underpayments in 1987 and 1988 are due to fraud on the part of both petitioners. Under section 6653(b)(3), the fraud of one joint-filing spouse cannot be attributed to the other; respondent must show that each spouse engaged in fraud. Although on the basis of petitioners’ testimony it appears that all or most of the cash diversions from Cedar Hill may have been the result of Mr. Parsons’ taking cash without recording it as a personal draw, Mrs. Parsons’ involvement in and awareness of the diversions is clear. According to petitioners’ testimony, the cash withdrawals that were not recorded on the pink sheets typically occurred when Mrs. Parsons would call Mr. Parsons at work to request that he make a deposit into her account to cover checks she was writing. Mrs. Parsons’ testimony that she had “no idea” where Mr. Parsons got the money to make these deposits is, in the circumstances, not credible. Because she performed daily bookkeeping duties for Cedar Hill, Mrs. Parsons had knowledge of the business’ finances and the extent of petitioners’ use of Cedar Hill proceeds.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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