- 26 - received from their rental properties. Moreover, as to Nanny’s’ 1988 taxable year, respondent determined that Nanny’s accurately reported all of its income for that year. Such a determination obviously undercuts respondent’s position in this case that petitioners: (1) Skimmed $40,670 of Nanny’s 1988 receipts for their personal use without reporting those receipts for Federal income tax purposes and (2) tried to conceal Nanny’s earning of those receipts by dealing in cash and destroying the cash register tapes. Respondent tries to downplay the fact that the audit of Nanny’s 1988 taxable year concluded that Nanny’s income was reported correctly on its Federal income tax return. As we understand respondent’s position as to this fact, Revenue Agent Smith reached this conclusion only because Nanny’s did not supply him with any document that would disprove the reported amount. We are unpersuaded that this is so. In addition to the fact that Revenue Agent Smith testified to the contrary, we find it unlikely given the facts herein that respondent would have conceded that Nanny’s income was reported correctly simply because Nanny’s kept in its records no documentation that showed otherwise. Nor do we reach a finding of fraud on the basis of our review of the remaining badges of fraud. Petitioners did not attempt to conceal any assets. They did not engage in an illegal activity. They did not attempt to conceal an illegal activity.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