- 22 - 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...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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