- 24 - checks and mail them cash during their vacations in Florida. Mrs. Payne controlled HRDC’s books, which recorded the extras separate from HRDC’s regular jobs. She attended a meeting with Mr. Payne and Mr. Gunderson to discuss the preparation of petitioners’ tax returns at which Mr. Gunderson was told that all of HRDC’s receipts were deposited into the bank account. She testified that she knew Mr. Gunderson had requested only bank records to complete the returns, and she helped Ms. Enerson gather information to send to Mr. Gunderson. Because we find that Mrs. Payne filed the returns for 1993, 1994, and 1995 fraudulently, respondent did not abuse his discretion in denying Mrs. Payne innocent spouse relief under section 6015(f). VII. Fraud Penalty Under Section 6663 If respondent shows that any portion of an underpayment is due to fraud, the entire underpayment will be treated as attributable to fraud for purposes of the penalty under section 6663(a), except any portion of the underpayment that petitioner establishes by a preponderance of the evidence is not attributable to fraud. See sec. 6663(b); Knauss v. Commissioner, T.C. Memo. 2005-6. As stated above, respondent has shown that petitioners committed fraud in filing their 1993, 1994, and 1995 returns. However, petitioners have shown by a preponderance of the evidence that their unreported bank deposits were not due to fraud. Our finding of fraud relies in part on petitioners’Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011