- 25 - This factor weighs against petitioners. 6. Cooperation With Authorities Failure to cooperate with authorities is indicative of fraud. Mr. Ford was less than forthcoming with the SEC, and we do not find any evidence that petitioners were helpful in reconstructing the transactions underlying respondent’s notice of deficiency. We find this factor weighs against petitioners. 7. Conclusion On the basis of the above analysis, we find that all of the badges of fraud weigh against both petitioners. We therefore conclude that petitioners intended to evade tax known or believed to be owing. C. Portion of Underpayment Attributable to Fraud Respondent has proven clearly and convincingly that a portion of petitioners’ underpayment is attributable to fraud. Thus, the whole underpayment is attributable to fraud, except to the extent petitioners prove otherwise. Sec. 6653(b)(2). Petitioners testified that Mr. Doorn and other unnamed Europeans owned the money in the Canadian accounts. Mr. Ford allegedly viewed his role as that of an “agent” for the Europeans, and testified that his only interest in the Canadian accounts was a 50-percent profit participation once the Europeans’ original investment was recouped. Thus, he testified, the moneys which petitioners used from these accounts were “loans” repayable toPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011