- 25 - Bernard and the four checks payable to the contractor for its $32,940 of services, covered an expense greater than $10,000.8 Under the facts herein, petitioners’ use of the cashier’s checks does not convince us that they used those checks with the requisite intent to evade Federal income tax. To be sure, an individual’s use of cashier’s checks to pay personal expenses does not necessarily mean that the individual did so to evade the payment of Federal income tax. Such is especially true here where petitioners regularly used cashier’s checks to pay personal expenses during years before the subject years. Respondent also finds a fraudulent intent on the part of petitioners in the fact that Nanny’s kept imperfect records and that Nanny’s did not deposit all of its cash receipts into the business account. We do not do likewise. Nanny’s is an entity separate from petitioners, and we do not consider it appropriate under the facts herein to impute Nanny’s actions to petitioners. See, e.g., Estate of Feinsmith v. Commissioner, T.C. Memo. 2001- 194. In fact, respondent’s only exception is to the fact that Nanny’s failed to deposit all of its gross receipts into its business account, acknowledging explicitly that petitioners did deposit in their bank accounts all of the income that they 8 We also bear in mind that petitioners, on Sept. 18, 1989, knowingly subjected themselves to the Bank’s practice of reporting cash transactions totaling more than $10,000 when they purchased one of the checks payable to the contractor and made their cash payment on the third loan.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