Foxworthy, Inc. v. Commissioner of IRS

Eleventh Circuit

Foxworthy, Inc. v. Commissioner of IRS

494 F. App'x 964

CourtCourt of Appeals for the Eleventh Circuit

DecidedNovember 5, 2012

Docket11-12733; 11-12735; 11-12736; 11-13037; 11-15172; 11-15173; 11-15174

StatusUnpublished

Cited by10 cases

This text of 494 F. App'x 964 (Foxworthy, Inc. v. Commissioner of IRS) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foxworthy, Inc. v. Commissioner of IRS, 494 F. App'x 964 (11th Cir. 2012).

Pincite

Opinion

PER CURIAM:

Ron and Tricia Bell and Foxworthy Inc. appeal a Tax Court order sustaining notices of deficiencies issued by the Internal Revenue Service and holding that the Bells owed nearly $6 million in deficient tax payments, nearly $5.5 million in fraud penalties, and nearly $100,000 in late filing penalties. At issue in this appeal are the Bells’ tax liabilities for the tax years 1996-2001 and the tax liabilities of Foxworthy for the tax years 1999-2001. The Tax Court found that the Bells intentionally concealed income through a variety of domestic and offshore transactions that were shams or otherwise lacked economic substance. The Tax Court also found that Foxworthy was a sham corporation and was used by Mr. Bell for the sole purpose of repatriating offshore income and as a vehicle for tax deductible spending on personal consumption. As a result, the Tax Court held that Foxworthy’s separate corporate identity must be disregarded for tax purposes and all of Foxworthy’s income should be imputed to the Bells.

We review the Tax Court’s findings under the clearly erroneous standard. Bone v. C.I.R., 324 F.3d 1289, 1293 (11th Cir.2003). Having reviewed the record and considered the oral argument of counsel, we cannot say that the Tax Court’s findings of fact were clearly erroneous. Nor do we find error in the Tax Court’s conclusions of law.

AFFIRMED.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Ron and Tricia Bell and Foxworthy Inc. appeal a Tax Court order sustaining notices of deficiencies issued by the Internal Revenue Service and holding that the Bells owed nearly $6 million in deficient tax payments, nearly $5.5 million in fraud penalties, and nearly $100,000 in late filing penalties. At issue in this appeal are the Bells’ tax liabilities for the tax years 1996-2001 and the tax liabilities of Foxworthy for the tax years 1999-2001. The Tax Court found that the Bells intentionally concealed income through a variety of domestic and offshore transactions that were shams or otherwise lacked economic substance. The Tax Court also found that Foxworthy was a sham corporation and was used by Mr. Bell for the sole purpose of repatriating offshore income and as a vehicle for tax deductible spending on personal consumption. As a result, the Tax Court held that Foxworthy’s separate corporate identity must be disregarded for tax purposes and all of Foxworthy’s income should be imputed to the Bells.

We review the Tax Court’s findings under the clearly erroneous standard. Bone v. C.I.R., 324 F.3d 1289, 1293 (11th Cir.2003). Having reviewed the record and considered the oral argument of counsel, we cannot say that the Tax Court’s findings of fact were clearly erroneous. Nor do we find error in the Tax Court’s conclusions of law.

AFFIRMED.

Cite This Page — Counsel Stack

Bluebook (online)

494 F. App'x 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foxworthy-inc-v-commissioner-of-irs-ca11-2012.

Opinion

Related

Cite This Page — Counsel Stack