Patricia Barranco - Page 22




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               We have previously concluded that the Barrancos’ lifestyle             
          during the years at issue was in all probability financed in                
          significant part by income omitted from the joint returns.  Money           
          being fungible, it follows, in the absence of contrary evidence,            
          that their lifestyle was also financed, directly or indirectly,             
          by the understatements.                                                     
               For each year at issue, petitioner enjoyed the lifestyle               
          afforded, directly or indirectly, by the tax savings, and                   
          petitioner thereby benefited from the tax savings.  More                    
          particularly, in 1986 Dr. Barranco gave petitioner his interest             
          in:  (1) Their personal residence, which they constructed in                
          1983; (2) more than 29 acres underlying or adjacent to their                
          personal residence; and (3) their lakeside vacation home.14  In             


               13(...continued)                                                       
               In doing these mathematics, we give petitioner the benefit             
          of the doubt by assuming, without deciding, that the accounted-             
          for omitted income (i.e., the $587,881 paid to the accountant and           
          the $400,000 or $450,000 allegedly seized from Dr. Barranco’s               
          investment accounts) should be counted entirely against the                 
          understatements.                                                            
               In determining the $1,693,725 amount of understatements, we            
          have assumed (consistent with petitioner’s position in this                 
          proceeding), but have not decided, that she did not sign the 1988           
          amended return.                                                             
               14 Both petitioner and Dr. Barranco testified that Dr.                 
          Barranco made these transfers to protect his property interests             
          from potential malpractice claimants.  Respondent argues that               
          under Virginia law, because petitioner and Dr. Barranco formerly            
          held the real estate as tenants by the entirety, these properties           
          would have been exempt from the claims of creditors who did not             
          have joint judgments against petitioner and Dr. Barranco.  See              
          Rogers v. Rogers, 512 S.E.2d 821, 822 (Va. 1999) (citing                    
          Vasilion v. Vasilion, 66 S.E.2d 599 (Va. 1951)).  We need not               
                                                              (continued...)          




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