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Table 19
Respondent’s Contentions
Year (Table 15) Court’s Holdings
1983 $10,329.90 $6,189.79
1984 5,169.50 780.00
1985 12,879.74 9,966.71
1986 13,322.32 5,963.43
Petitioner does not contend that he is entitled to
offsetting deductions or credits for any of those years.30 Thus,
we conclude that respondent has shown by clear and convincing
evidence that petitioner had an underpayment of tax for each of
the years 1983 through 1986.
We hold for respondent on this issue.
B. Fraudulent Intent
Respondent contends that “petitioner’s returns for four
consecutive years omitted substantial amounts of constructive
dividend income”, petitioner was “intimately aware” of the
pattern of omissions, petitioner’s “specialized knowledge and
30 The parties have stipulated that petitioner and Betsy--
are entitled to credits in the above amounts [the amounts of
F.I.C.A. taxes withheld from Sley Corporations’ payments to
Betsy] for 1983, [$2,391.91] 1984 [$2,532.59] and 1985
[$2,791.78; see supra table 3] in determining the amounts of
overpayments or deficiencies to be paid with respect to
their joint returns for said years.
We understand this to be an agreement relating to payments, and
not an agreement affecting the determination of the
“underpayment” as used in sec. 6653(b)(1). However, this
agreement would affect the amount of any additional addition to
tax under sec. 6653(b)(2).
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