David M. Kearns and Janet Kearns v. Commissioner of Internal Revenue

BOYCE F. MARTIN, JR., Circuit Judge.

David and Janet Kearns appeal the United States Tax Court’s finding that they underreported their joint income for 1979, 1980, and 1981. David Kearns also appeals the court’s imposition of additional penalties based on his fraudulent underreporting of income on the federal tax forms.

From 1979 through 1981, David Kearns owned and operated an automobile parts and service company. Janet Kearns, his wife, was the bookkeeper for the business. In their testimony before the Tax Court, they admitted that they conducted the vast majority of their automobile parts…