Sam F. Ford and Ingrid D. Ford - Page 25

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               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 to              






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Last modified: May 25, 2011