Eugene McClelland and Ione McClelland - Page 13

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                         iii.  Culpable Spouse’s Evasiveness and Deceit               
               Mr. McClelland testified that he was responsible for the               
          improper interest paid deduction, which ultimately led to the               
          deficiency in petitioner’s 1997 tax liability.  Even though Mr.             
          McClelland knew the claimed interest payment was never going to             
          be made, he entered it into Red Wing’s check registry since Mr.             
          Kramer used that information to complete Red Wing’s Federal                 
          income tax return.  This is how the incorrect interest payment in           
          Red Wing’s check registry was reported on Red Wing’s tax return             
          for its fiscal tax year ended October 31, 1997.  These                      
          circumstances support a conclusion that Mr. McClelland was the              
          evasive and deceptive taxpayer in this case.                                
               This conclusion is further bolstered by Ms. McClelland’s               
          credible testimony that Mr. McClelland did not want her to have             
          access to financial information.  Mr. McClelland’s control over             
          Red Wing’s and petitioners’ financial affairs allowed Red Wing,             
          through Mr. McClelland’s actions, to report the improper interest           
          paid deduction on its tax return.                                           
               Mr. McClelland argues that, as Red Wing’s secretary, Ms.               
          McClelland could be expected to be familiar with the various                
          corporate resolutions and documents submitted into evidence at              
          trial.  However, Ms. McClelland’s credible testimony that Mr.               
          McClelland never explained to her the numerous documents he                 
          requested her to sign, nor provided her the opportunity to review           






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