- 20 - Chloe and her customers solely in cash, but there were no large cash withdrawals from her bank account, and the only deposits came from Mr. Rhodes’s paycheck. She gave one explanation of her buying relationship with Chloe to the examiner but a completely different account at trial. The evidence satisfies the Court that there was no individual by the name of Chloe, and no other individual sold Ms. Rhodes supplies for Keepsake. In addition, Ms. Rhodes’s documentation supporting her expense deductions was fabricated solely to increase her Schedule C deductions and create net operating losses for both Keepsake and Amway. Respondent determined that Ms. Rhodes’s actions constituted fraud, and the Court sustains that determination. Therefore, Ms. Rhodes is liable for the section 6663(a) penalties for tax years 1994 and 1995.8 Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent, except as to the section 6663(a) penalty against petitioner Michael Rhodes. 8Ms. Rhodes presented evidence that the criminal division of the IRS investigated her and declined to prosecute for criminal fraud. This fact, while considered, is not dispositive as the Court considered the entire record and Ms. Rhodes’s entire course of conduct in its determination. Petzoldt v. Commissioner, 92 T.C. 661, 699 (1989); Recklitis v. Commissioner, 91 T.C. 874, 910 (1988); Rowlee v. Commissioner, 80 T.C. 1111, 1123 (1983).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Last modified: May 25, 2011