- 9 - arguing at one point that he kept the whole $287,000 to cover a gambling loan of only $7,000; and ! concealment of assets--when Mr. Chen received the reimbursement check from Chubb, he directed his wife to open a fake account for Beam, into which he deposited the proceeds. The Chens’ counterargument is that despite these telltale signs of fraud, they should be spared the penalty because they cooperated with the IRS, kept company records, filed their tax returns, etc. However, these actions are not enough to overcome the substantial evidence of fraudulent intent to evade tax on the ill-gotten insurance proceeds. Nor is the Court able to rely on PCTI’s records in the face of credible evidence that those records were created to cover up the Chens’ fraud by making it seem to be a payment on an account receivable. We conclude that the Commissioner has met his burden of proving fraud by clear and convincing evidence. There is no statute-of-limitations problem in this case. See sec. 6501(c)(3). II. Innocent Spouse Relief The Chens eloquently argued at trial that Mr. Chen was the more guilty party--and the Court does find that he was the architect of the fraud at issue. It was also his gambling compulsion that motivated Mrs. Chen to help him move the stolen money in and out of her account. The Chens argue from this lesser culpability that Mrs. Chen should be relieved from jointPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011