Robert D. Grossman, Jr. - Page 38

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          of dividends necessary to avoid imposition of personal holding              
          company taxes on the Sley Corporations.                                     
               Berger was not retained to do any audit work on behalf of              
          the Sley Corporations.  Each of Berger’s compilation financial              
          statements includes a compilation report that starts as follows:            
                    A compilation is limited to presenting in the form                
               of financial statements information that is the                        
               representation of management.  We have not audited or                  
               reviewed the accompanying [December 31, 1980, 1981,                    
               etc.] financial statements and[,] accordingly, do not                  
               express an opinion or any other form of assurance on                   
               them.                                                                  
               Because petitioner knew that Berger did not audit the Sley             
          Corporations books--and was reminded of this in each year’s                 
          compilation financial statements--petitioner knew that Berger               
          would not discover that Markette paid petitioner’s and Betsy’s              
          personal expenses.  As a result, no one in the system would be              
          likely to realize that Betsy had constructive dividends that were           
          not reported on petitioner’s and Betsy’s joint tax returns.                 
               (4) Petitioner’s Knowledge of the Tax Laws                             
               In analyzing whether some part of the underpayments of the             
          tax was due to petitioner’s fraud, we consider petitioner’s                 
          background and knowledge of tax law.  Scallen v. Commissioner,              
          877 F.2d 1364, 1370-1371 (8th Cir. 1989), affg. T.C. Memo. 1987-            
          412; Solomon v. Commissioner, 732 F.2d 1459, 1461-1462 (6th Cir.            
          1984), affg. T.C. Memo. 1982-603; Beaver v. Commissioner, 55 T.C.           
          85, 93-94 (1970).  As we have said, “In determining the presence            





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