- 26 - 1993 at that profession. Finally, he admittedly transferred title to his home and vehicles from joint ownership to single ownership by Patricia Vetrano in an attempt to place these assets beyond respondent’s reach should the Court determine that she is an innocent spouse under I.R.C. �6013(e) for the years at issue. [Citations omitted.] Respondent argues that Mrs. Vetrano’s conduct exhibits the following badges of fraud: She was an active participant in her husband’s attempts to conceal the correct amount of his 1993 income. She handled all of the BMAP checks, cashed them, and received the proceeds. She endorsed most of these checks, and on some occasions signed her husband’s name on them. She dealt in cash to avoid scrutiny of her and her husband’s finances. Her actions were designed to cover up the source of his income from his first wife, the divorce court, and not coincidentally, the Internal Revenue Service. Mrs. Vetrano signed a joint tax return containing an amount of income for her husband that she knew had to be false. She also took title to their home and vehicles in an attempt to place them beyond respondent’s reach. [Citations omitted.] In their posttrial brief, petitioners’ only mention of the fraud penalty is the following: The IRS has asserted the civil fraud penalty against Mr. Vetrano and amazingly against Mrs. Vetrano as well. Pursuant to 26 U.S.C. � 7454 and Tax Court Rule 142(b), this shifts the burden of proof to the IRS. Such fraud must be proven by clear and convincing evidence. Smith v. Commissioner, 91 T.C. 1049, 1053 (1988). In unreported income cases the burden is on the IRS to offer a rational basis for the deficiency and if no rational basis exists for the proposedPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011