Stephens v. Internal Revenue Service (In re Stephens)

547 B.R. 807, 2016 WL 1085104
CourtUnited States Bankruptcy Court, W.D. Arkansas
DecidedFebruary 26, 2016
DocketNo. 5:13-bk-72513; 5:13-ap-7063
StatusPublished

This text of 547 B.R. 807 (Stephens v. Internal Revenue Service (In re Stephens)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephens v. Internal Revenue Service (In re Stephens), 547 B.R. 807, 2016 WL 1085104 (Ark. 2016).

Opinion

ORDER AND OPINION FINDING TAX DEBT NONDIS-CHARGEABLE

Ben Barry, United States Bankruptcy Judge

Carolyn Suzanne Stephens [the debtor], filed her chapter 7 bankruptcy petition on July 18, 2013. On August 7, 2013, the debtor filed this adversary proceeding against the Internal Revenue Service [809]*809[IRS] seeking a determination that her tax liability for the years 2004, 2005, 2006, and 2007 is dischargeable under 11 U.S.C. §§ 523(a)(1) and 727(b). The IRS filed an answer to the complaint on September 30, 2013. The Court held a two-day trial beginning on October 26, 2015. Jill R. Jaco-way appeared on behalf of the debtor. Curtis J. Weidler appeared on behalf of the IRS. At the conclusion of the trial, the Court took the matter under advisement. For the reasons stated below, the Court finds that the debtor willfully attempted to evade or defeat paying the full amount of her taxes due for the years 2004, 2005, 2006, and 2007 [the taxes]. Accordingly, the Court denies the debtor’s complaint and finds that the debtor’s tax liability for the years 2004, 2005, 2006, and 2007 is nondischargeable pursuant to § 523(a)(1)(C).

Jurisdiction

The Court has jurisdiction over this matter under 28 U.S.C. § 1334 and 28 U.S.C. § 157, and this is a core proceeding under 28 U.S.C. § 157(b)(2)(I). This order contains findings of fact and conclusions of law pursuant to Federal Rule of Bankruptcy Procedure 7052.

Background

The debtor testified that she holds a bachelor’s degree in French, English, Speech, and Drama and a master’s degree in Theater History from the University of Arkansas, as well as a teaching certificate from the University of Tulsa. While working toward her master’s degree, the debtor took a commercial real estate course and later worked as a real estate agent for a few years. She was accepted into the doctoral program in education at the University of Arkansas but discontinued the program nine hours short of obtaining her PhD. In 1985, she became a certified executive chef, training at the Cordon Bleu in Paris. After receiving her culinary training, the debtor ran a catering business, a cooking school, a restaurant, and a gourmet food store. In 2003, she developed a frozen appetizer that she sold to a third party for distribution nationwide in Sam’s Clubs. Since the time she was young, the debtor was also a shareholder in three helicopter corporations [the helicopter companies] that her father founded. She gained control of the helicopter companies in 2001 and inherited the companies upon her father’s death in 2005. The tax liability that the debtor seeks to discharge in this adversary proceeding stems from her failure to report all of her income in 2004, 2005, 2006, and 2007.

The debtor’s under-reported income originated from two distinct sources, discussed in more detail below: funds that she transferred from the helicopter companies to herself after she gained control of the companies and royalties that she received from selling her frozen appetizer recipe. Two of the helicopter companies were based in Tulsa, Oklahoma. The first, Allied Helicopter International, Inc. [AHI or Allied International], sold helicopter parts and operated an agricultural spraying business. The second, Allied Helicopter Service [AHS or Allied Service], built helicopters and housed an aviation school. The third company, Helicópteros Aliados de Panama [HADP or Helicópteros], was a Panamanian corporation that held cash and securities but had no day to day operations. The debtor’s father had an acrimonious history with the IRS arising from a long dispute regarding Helicopteros’s taxes in the late 1960s or early 1970s. The debtor testified that her father ultimately prevailed against the IRS and that her father told her that “it was decided the taxes had already been paid on the Heli-cópteros Aliados de Panama money and we go forward from then.” 1 (Trial Tr. vol II, [810]*8108, Oct. 27, 2015.) However, the debtor believes that the stress inflicted upon her family by the IRS during Helicopteros’s tax dispute was one of the primary causes of her mother’s suicide in 1972. The debt- or, who was 22 years old when her mother died, openly blames the IRS for her mother’s death. After her mother’s suicide, the debtor’s father — whom the debtor characterizes as a “genius businessman” — began putting assets in the debtor’s name, including a parcel of real property located in Osage County, Oklahoma [the Osage property]. Although the debtor’s father deeded the Osage property to her in 1974, the deed was not recorded at the time of the transfer. The debtor’s father also established the debtor as the only shareholder — other than himself — in his three helicopter companies.

In 1985, the debtor retained a certified public accountant, Kim O’Dell [O’Dell], to handle the debtor’s catering business’s taxes. O’Dell continued to handle the debt- or’s taxes — business and personal — until 2009. In 1994, the debtor established AICDI, Inc. [AICDI].2 The debtor was the sole shareholder of AICDI, forming the corporation to purchase commercial property located at 3290 N. Lee Avenue in Fayetteville, Arkansas [Lee Avenue property]. Subsequently, the debtor used the Lee Avenue property as the site of her various food-based enterprises. In 2003, the principals of a brokerage firm, Food Talk, approached the debtor with an idea to create frozen gourmet appetizers for Sam’s Club. The debtor formed a limited liability company, Café Nibbles, LLC [Café Nibbles], for the purpose of creating and selling the frozen appetizers. In 2004, the debtor, through Café Nibbles, sold a mushroom appetizer recipe to a third party for nationwide distribution through Sam’s Club [the mushroom business]. In 2004, 2005, and 2006, Café Nibbles received royalty checks totaling $656,568.02 as a result of the mushroom business. The debtor reported $295,544.58 in royalty income from the mushroom business on her tax returns, explaining at trial that from the total royalties paid to Café Nibbles, she paid 30% to Food Talk as a commission and transferred 25% to her husband’s trust.3

In 2001, the debtor’s father’s health began to decline and she gained control of the three helicopter companies through a power of attorney. In 2003, the debtor’s father suffered a stroke. That same year, the debtor moved $3,000,000.00 in securities out of Helicopteros’s account and into her personal brokerage account, testifying that she did so after consulting a financial advisor and an attorney.4 (Trial Tr. vol I, [811]*811148, Oct. 26, 2015.) In 2004, the debtor hired O’Dell to handle the taxes for the three helicopter companies. Throughout 2004, the debtor transferred funds from each of the three helicopter companies to her personal accounts and recorded the transfers on the respective corporate books as loans. The debtor’s father passed away in 2005, resulting in the debt- or becoming the sole shareholder of the three helicopter companies.

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Bluebook (online)
547 B.R. 807, 2016 WL 1085104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-internal-revenue-service-in-re-stephens-arwb-2016.