Michael L. and Susan Barnard - Page 27




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          They did not deal primarily in cash in their personal capacity;             
          e.g., all of the rent that they received was paid by check.  They           
          cooperated with respondent as to their audit; e.g., they promptly           
          gave Revenue Agent Smith their amended returns reporting                    
          additional income for those years and expeditiously transferred             
          to respondent all of the records which they maintained as to                
          themselves individually.  Although we agree with respondent that            
          petitioners were less than upfront with the State of Michigan in            
          1988 as to the purchase price of the Tollycraft, and in this                
          regard filed a false document with the State, this fact does not            
          convince us clearly that petitioners possessed the requisite                
          fraudulent intent for that year as to their Federal income tax              
          liability.9                                                                 
               All of the parties’ arguments have been considered, and we             
          have rejected those arguments not discussed herein as meritless.            
          Accordingly,                                                                
                                                  Decision will be entered            
                                             under Rule 155.                          









               9 Nor do we believe that some of petitioners’ explanations             
          as to their behavior, explanations which we find implausible or             
          inconsistent, dictate a finding of fraud in any of the years.               





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