Ratana v. C. I. R., 80-1861

• Decision Date: 01 October 1981
• Docket Number: No. 80-1861,80-1861
• Parties: 81-2 USTC P 9691 Rebecca C. RATANA, Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 220

662 F.2d 220

81-2 USTC P 9691

Rebecca C. RATANA, Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

No. 80-1861.

United States Court of Appeals Fourth Circuit.

Argued June 3, 1981.

Decided Oct. 1, 1981.

Richard N. Bush, Tax Division, Dept. of Justice, Washington, D. C. (John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, Richard Farber, Tax Division, Dept. of Justice, Washington, D. C., on brief), for appellant.

Julie Noel Gilbert, Washington, D. C. (Cohen & Uretz, Washington, D. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, PHILLIPS and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

This is an appeal by the Commissioner of Internal Revenue from a Tax Court ruling that Rebecca C. Ratana, the taxpayer, was not liable for taxes due on joint returns she and her husband filed.

The sole issue is whether the taxpayer is an "innocent spouse," as defined in section 6013(e) of the Internal Revenue Code of 1954, and therefore not jointly liable for taxes on the unreported income earned in 1974 and 1975 by her husband. The taxpayer's husband, a citizen of Thailand and a United States resident, was involved in a lucrative narcotics trade in 1974 and 1975. The Commissioner determined a deficiency in income tax of $91,582.30 and $415,043.63 against the taxpayer and her husband for those years. The taxpayer was unaware of her husband's narcotics activities and neither the Tax Court nor the Commissioner dispute the fact that the taxpayer did not receive any of his illegally earned income, with the possible exceptions of $30,000 used to purchase certificates of deposit for her children and small amounts spent for household and related expenses in amounts in excess of their jointly reported income. The Tax Court was correct in ruling the taxpayer was not liable for taxes on income of which she was not aware, but it was in error in holding her not liable for income tax on the $30,000 and any other amounts she actually received. The Tax Court decision is affirmed in part, reversed in part and remanded so that the court may determine the amount received by the taxpayer.

The taxpayer was born in 1934 in the Philippines. Her father was a Seventh Day Adventist minister, and she received her education and initial nurses' training at Seventh Day Adventist institutions. She came to the United States in 1959 to continue her training and has been employed since that time as a registered nurse at the Washington Adventist Hospital.

In 1961 the taxpayer married Suwan Ratana, a citizen of Thailand. The taxpayer testified that she was aware when she married Ratana that in the Thai culture a wife submits to her husband and does not question his decisions. The taxpayer also was aware that, in marrying Ratana, she would have to accept such a relationship. The Seventh Day Adventist Church teaches that divorce is not an acceptable solution to marital difficulties.

Suwan Ratana, prior to his involvement in the narcotics trade, never was able to make a substantial financial contribution to the family. As a result, except for brief periods following the birth of each child, the taxpayer worked without leave or vacation from 1959 until approximately 1975. She also consistently sought overtime assignments.

Throughout her employment at Washington Adventist Hospital, the taxpayer had a portion of her wages deposited directly into a credit union account. These savings provided the entire downpayment for the family's home and for two small rental properties. The total fair market value of the family home and the rental properties is approximately $180,000. The taxpayer testified that the income from the rental properties was saved to enable her children to attend religious secondary schools and college.

From 1964 through April, 1975, Suwan Ratana was employed by the Royal Thai Embassy, initially as a clerk and later as a bookkeeper. Sometime prior to 1974, the taxpayer learned that her husband was a compulsive gambler. At her urging, Ratana joined Gamblers Anonymous and the taxpayer joined Gam-Anon, a support organization for spouses of gamblers. In Gam-Anon, spouses are encouraged to assume financial responsibility for the family but are taught not to question the gambling spouse regarding his activities or finances. Specifically, the spouses are encouraged to accept, without question, any money offered by the gambler.

During 1974 Suwan Ratana began to travel a great deal and during 1975 he spent most of his time in Thailand. He told the taxpayer variously that he had set up an export business, that he worked for an airline in Thailand, that he was setting up a travel business, and that he was selling property he owned in Thailand. In reality, however, Suwan Ratana was involved in the illegal importation and sale of narcotics. Ratana's departures on his travels frequently were sudden and unannounced. At one point in 1975 the taxpayer heard nothing from him for more than three weeks.

In 1975 and 1976, Ratana gave the taxpayer a total of $30,000 in two installments, which she used to purchase certificates of deposit in the names of their children. Ratana told the taxpayer the funds came from the sale of property in Thailand. From time to time he also apparently gave her various small amounts of money, which she used for household expenses.

During 1974 the taxpayer made estimated expenditures of $29,626.88 and in 1975 of $25,128.27 for food, clothing, housing and other family needs. The taxpayer had available to her, from sources other than Ratana's unreported narcotics income, $22,270.65 in 1974 and $13,569.23 in 1975. These funds consisted primarily of taxpayer's salary, Ratana's embassy salary and rental income.

Ratana's salary during 1974, his last full year of employment at the embassy, was $7,305.00. In every federal income tax return which he prepared during the period of his embassy employment, Ratana omitted the amount of his embassy salary from gross income. The taxpayer questioned Ratana regarding this omission, and he explained that his embassy salary was paid by Thailand and was therefore not subject to taxation by the United States. The Ratanas' 1970 and 1973 tax returns were audited by the Internal Revenue Service, and in each audit the omission of the embassy salary from gross income was accepted by the IRS. In reality, however, Ratana's salary was not exempt. Although a tax treaty between Thailand and the United States had been negotiated at this time, it was not yet in effect. The taxpayer testified that she believed that any income from sources outside the United States was excluded from federal taxation.

In October, 1976, Suwan Ratana entered a plea of guilty to two counts of tax evasion and was sentenced to two consecutive four-year prison terms. When released on bond, he fled the United States to Thailand. In June 1980, the taxpayer received a letter from Ratana, informing her that he would not be returning to this country.

The Internal Revenue Service determined that the Ratanas understated their joint taxable income by $169,894.06 in 1974 and $632,134.00 in 1975. As a result, the Commissioner determined the Ratanas were liable for deficiencies in income tax of $91,582.30 and $415,034.63. Most of the understatement was due to failure to report Mr. Ratana's narcotics income. The Commissioner also determined that the understatement of income was fraudulent and that both the taxpayer and Ratana were jointly liable for additions to tax for fraud. The Tax Court, however, held that the...