- 23 - negligence (i.e., an unreasonable failure to comply with the provisions of the Code or a careless, reckless, or intentional disregard of rules or regulations) rather than to fraud (i.e., an intent to evade a tax known or believed to be owing).7 To be sure, petitioners deposited into their bank accounts all of the unreported income attributable to their rental properties and never attempted to hide their receipt of that income. Moreover, as even respondent acknowledges, petitioners’ failure to report all of their rental income on their original returns was due to the fact that they estimated that income rather than attempted earnestly to ascertain it by reference to the bank statements. As to the fact that petitioners commingled their personal funds with the funds of Nanny’s, we do not view this fact in light of the record as a whole as establishing the requisite fraudulent intent. Petitioners’ commingling of the funds was simply a continuance of that practice from the immediate prior 4 years in which they operated Nanny’s as a sole-proprietorship, rather than as a blatant attempt to avoid Federal income taxes. Moreover, at the end of the relevant years, Mr. Mason, their longtime accountant who was knowledgeable as to both Nanny’s 7 We stop short of opining on whether petitioners’ underpayment is actually attributable to negligence for purposes of the additions to tax under sec. 6653(a). Respondent has neither determined nor pleaded as an alternative to the fraud determination that petitioners are liable for those additions for any of the subject years.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