Prezioso v. Commissioner, T.C. Memo. 2026-63, decided July 28, 2026. The Tax Court called it fraud, and the paper trail is why.
An aerospace manufacturer in California slowly turned into the personal bank account of the man who ran it. Beginning in 2007, the company started covering Walter Prezioso's expenses, and the board did sign off on some of them, including a leased vehicle, insurance, and a credit card for meals and customer entertainment. What the company actually paid for went a great deal further, reaching personal credit cards, home renovations, landscaping, a tennis court, a pool, audio equipment, and even the loans on his boat and his recreational vehicle.
Across the years at issue, the company wrote more than four hundred checks for his personal life, and in most of those years the payments were larger than the losses the company was reporting to the IRS. None of it ever landed on a W2 or a 1099, so none of it was taxed.
His defense was that he simply did not realize any of this counted as income. The trouble was a Ferrari lease application, where he listed his verifiable income as $52,950 and his actual income as $275,000. A taxpayer who writes down two different numbers depending on the audience has told the court what he understood, and no testimony walks that back.
The court found civil fraud and imposed the 75 percent penalty for the years still in dispute. The badges of fraud did the rest, and they usually do: a long pattern, concealed income, inconsistent statements, and personal spending routed through the business without ever touching a payroll record.
The unglamorous lesson is about the boundary between an owner and an entity. Every dollar that crosses it needs a name, whether that is wages, a distribution, a documented loan with terms, or a reimbursed business expense with a receipt behind it. When the name is missing, someone else eventually assigns one, and their choice is rarely the one the owner would have picked.
Wages, distribution, loan, or reimbursement: the label has to be assigned when the money moves, in books that say the same thing the return says. If you want a written read on where your own setup stands, that is what the free Tax Position Review is for.
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