- 104 - When DeCastro wrote to McWade confirming their deal, respondent had not asserted fraud for any of the Thompsons’ taxable years that were before the Court, in all three of which the Thompsons had claimed substantial Kersting-related deductions. Respondent, in fact, has not asserted fraud charges against any of the test case or nontest case petitioners with respect to Kersting deficiencies. Nor, for that matter, did respondent even assert fraud charges against Kersting himself, when respondent issued a deficiency notice to Kersting for his failure to report more than $11 million of fee income he received over a 7-year period (1982-88) from the Kersting project petitioners through his alter ego corporations. See Kersting v. Commissioner, T.C. Memo. 1999-197. Nor do we believe the facts of the Thompsons’ case would support an assertion--much less a finding--of fraud against Mr. Thompson. Petitioners point to Mr. Thompson’s trial testimony, in which he “admitted that he had taken Kersting deductions while believing the debt to which the deductions related would not have to be repaid.” We believe this testimony is true and consistent with our findings in Dixon II and Dixon III regarding the Kersting shelters. We further believe this testimony falls far short of demonstrating, by clear and convincing evidence, that, by claiming the Kersting deductions, Mr. Thompson specifically intended to evade a tax known to be owing. Our skepticism isPage: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
Last modified: May 25, 2011