Letantia Bussell - Page 27

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               A.   Underpayment of Tax                                               
               Petitioner did not report or pay income tax on the                     
          $1,149,048 of income received as a dividend from BBL in 1996.               
          She does not contest this, instead arguing that the money was in            
          fact stolen by Beaudry and that she therefore should not have to            
          pay tax on it.  This argument is not supported by credible                  
          evidence in the record.  We are clearly convinced on the record             
          before us that petitioner was the only actual shareholder of BBL            
          and that she caused the $1,149,048 to be transferred in 1996 from           
          BBL to her personal accounts.  We conclude that petitioner                  
          received those funds as a dividend from BBL in 1996 and that her            
          failure to pay taxes on that dividend resulted in an underpayment           
          of her 1996 Federal income tax.                                             
               B.   Intent To Evade Tax                                               
               Fraud requires a clear and convincing showing that the                 
          taxpayer intended to evade a tax known or believed to be owing by           
          conduct intended to conceal, mislead, or otherwise prevent the              
          collection of tax.  Stoltzfus v. United States, 398 F.2d 1002,              
          1004 (3d Cir. 1968).  This intent may be proven by circumstantial           
          evidence because direct proof of a taxpayer’s intent is rarely              
          available.  Reasonable inferences may be drawn from the relevant            
          facts.  See Spies v. United States, 317 U.S. 492, 499 (1943);               
          Stephenson v. Commissioner, 79 T.C. 995 (1982), affd. 748 F.2d              
          331 (6th Cir. 1984).                                                        






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