Court of Appeals for the Eleventh Circuit February 13, 2003, Nos. 01-17249, 01-17251, 01-17253, 01-17255, 01-17256 and 01-17257 (Ballard v. Commissioner)

FAY, Circuit Judge:

Petitioners-Appellants Claude M. Ballard (“Ballard”) and Mary B. Ballard1 appeal the judgment of the United States Tax Court in which it found that Ballard fraudulently failed to declare and pay income tax on approximately $3,200,000. The Tax Court determined that Ballard earned the unreported income through a scheme with Burton W. Kanter (“Kanter”) and Robert W.