Virginia Ferguson, f.k.a. Virginia Del Bosque, and Estate of Armand J. Del Bosque, Deceased, Lori Del Bosque, Special Administrator, et al. - Page 40

                                       - 40 -                                         
          1121 (5th Cir. 1975); Johnson v. Commissioner, T.C. Memo.                   
          1999-48; House v. Commissioner, T.C. Memo. 1995-92.  Petitioners            
          misrepresented the profitability of the limousine service to Ms.            
          Pavlak.  She sued petitioners for fraud and misrepresentation               
          relating to her purchase of Top Play and received a judgment in             
          the amount of $95,000.  Petitioners’ dishonesty in their business           
          transaction with Ms. Pavlak is evidence of petitioners’                     
          willingness to defraud respondent.                                          
               C.   Conclusion as to Fraud                                            
               We find that the circumstances of this case, taken as a                
          whole, clearly and convincingly establish that petitioners acted            
          with the requisite fraudulent intent, and that their                        
          underpayments of tax for 1988 and Mr. Del Bosque’s underpayment             
          of tax for 1989 are due to fraud.  Accordingly, we sustain                  
          respondent’s determination that petitioners are liable for the              
          additions to tax for fraud under section 6653(b) for 1988 and               
          that Mr. Del Bosque is liable for the fraud penalty under section           
          6663 for 1989.                                                              
          III. Issue 6–Period of Limitations on Assessment and Collection             
               Section 6501(a) generally imposes a 3-year period of                   
          limitations on assessment and collection of tax.  There is an               
          exception to this 3-year period in the case of a “false or                  
          fraudulent return with the intent to evade tax”.  Sec.                      
          6501(c)(1); Lowy v. Commissioner, 288 F.2d 517, 520 (2d Cir.                






Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011