- 13 - indicate the presence of fraud. Stipulations Related to the Badges of Fraud The parties stipulated facts that expressly state or support the conclusion that most of the traditional badges of fraud do not exist in these cases. These stipulations included that petitioners did not: Maintain inadequate records, make implausible or inconsistent explanations, conceal assets, fail to cooperate with tax authorities, engage in illegal activities, intend to mislead, fail to file tax returns, or deal in cash. The trial testimony further leads us to conclude that none of the aforementioned badges of fraud are present in this case. 1. Profit Sharing Plan Respondent claims that petitioners’ transactions with TECO’s profit sharing plan were fraudulent. RA Craddock had a B.B.A. in general business and accounting and an M.B.A. Even with his experience as an auditor, his advanced degrees, and far more tax expertise than petitioners, he needed help from an expert on profit sharing plans about various highly technical issues regarding TECO’s profit sharing plan. Vernon and Janet had no tax background or expertise. We do not believe that they had a level of tax knowledge or sophistication such that they intended or attempted to evade taxes via the profit sharing plan. 2. Alleged Misleading of RA Craddock Respondent claims that Vernon misled RA Craddock by providing RA Craddock with false or incomplete information. WePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011