Rogelio R. Balot and Zenaida V. Balot - Page 29




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               Petitioners’ own testimony confirms their having received              
          this hourly compensation and tip income.  Petitioners have not              
          explained their total failure to report these amounts.                      
          Petitioners’ explanations of why fraud penalties should not be              
          imposed lack coherence; if anything, these explanations’                    
          implausibility confirms our conclusions as to fraud.                        
               Petitioners acknowledge that they earned the compensation              
          computed on an hourly rate for the hours they worked, but insist            
          that these amounts were not “wages”.  Petitioners contend that              
          these amounts were “tips”.  When confronted at trial with the               
          unlikelihood that the amount of patrons’ tips precisely matched             
          their hourly rate times hours worked, they lapsed into                      
          unresponsiveness.  On opening brief and again on answering brief,           
          petitioners contend that they “should not be subject to any civil           
          fraud penalties on the tip income received from the casino as               
          they have reasonable cause for their actions”; yet, they do not             
          tell us what is this “reasonable cause”.                                    
               On opening brief and again on answering brief, petitioners             
          contend as follows:                                                         
                    With respect to the audit examination involving the               
               Balots, the IRS has failed to establish--through clear and             
               convincing evidence--that there is an intentional wrongdoing           
               on the part of the taxpayer. [Sic.] First, the Balots were             
               never at any time involved with the managerial operations of           
               the casino as they worked part-time.  Therefore, they were             
               never in any position to commit any fraudulent acts                    
               pertaining to their work in the casino.                                







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