Frank H. and Marla C. Black - Page 34




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               Mr. Black attempted to conceal assets by placing title to              
          the assets in his wife’s name.  At trial, Mr. Black testified               
          that he placed title to property solely in his wife’s name so               
          that his creditors would not be able to reach it.                           
               Finally, petitioners provided implausible or inconsistent              
          explanations to explain the discrepancy in the net worth                    
          calculations; namely, that they had a cash hoard of $500,000.               
          As discussed above, we do not find any of the testimony presented           
          regarding the cash hoard to be credible.                                    
          C. Conclusion                                                               
               We conclude that the record shows by clear and convincing              
          evidence that petitioners understated their income and overstated           
          deductions and that there are sufficient badges of fraud to show            
          that understated income and overstated deductions are due to Mr.            
          Black’s fraudulent intent.  Petitioners have failed to prove any            
          portion of the underpayment is not attributable to fraud.                   
          Accordingly, we hold that section 6501(a) does not bar the                  
          assessment and collection of taxes for 1991 and 1992 and that Mr.           
          Black is liable for the fraud penalty pursuant to section 6663.             
          2.  Amount of the Deficiency                                                
               Although petitioners conceded some unreported gross income,            
          petitioners did not concede the deficiencies determined by                  
          respondent.  Petitioners contend they are entitled to a number of           
          adjustments to gross income not allowed by respondent.                      







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