Philip E. Parsons and Karen Parsons - Page 18




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          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.                  











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