- 6 - asserted alternatively, Michael would be liable for all deficiencies and additions to tax or penalties attributable to the omitted income from his business. Under this alternative (which took into account some concessions respondent had already made), respondent asserted deficiencies and penalties against Michael totaling almost $70,000. About 1 month before the trial, petitioners submitted to respondent an offer to settle for $5,750 both petitioners’ deficiencies, interest, and penalties for both years in issue. Respondent rejected this offer 1 week after it was submitted. In Downing I, we concluded that petitioners’ marriage contract was effective during the years in issue. Accordingly, we held that Sandra was not liable for any deficiency, addition to tax, or penalty for any year in issue. We also held that respondent succeeded in proving by clear and convincing evidence that Michael’s business produced substantially more income than Michael reported for the years in issue, resulting in deficiencies, and that these deficiencies were due to Michael’s fraud. Our determination on the marriage contract issue mooted respondent’s determinations of penalties against Sandra, and so we did not make any finding as to whether Sandra’s actions were fraudulent or negligent. _____________________Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011