- 24 - business and petitioners’ commingling of the funds, calculated for Federal income tax purposes the amount of any loan that he believed existed between petitioners and Nanny’s by virtue of their use of its funds and vice versa. We are unable to conclude on the basis of the record at hand that petitioners knew when they filed their tax returns that Mr. Mason’s calculation may have reflected inaccurately their use of Nanny’s funds. Nor do we believe that the mere fact that petitioners commingled their personal funds with the funds of Nanny’s, and knew that they did so, means ipso facto that petitioners possessed the requisite fraudulent intent when they filed their income tax returns. Our conclusion is unchanged by the fact that the Bank issued the STRs as to petitioners. As we view the transactions underlying the STRs, we are unable to conclude that those transactions, which occurred in only the last 2 years in issue, lead to a finding that petitioners possessed the requisite fraudulent intent in any of the years. Ten of the reported transactions involved payments on loans which presumably included the Social Security number of one or both petitioners. The remaining transactions concerned petitioners’ purchase of cashier’s checks, no two of which were on the same day and each of which was somewhat spread out from another. Although all of the cashier’s checks were in amounts less than $10,000, none of those checks, but for three of the $9,000 checks payable to Mr.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