- 125 - 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 presencePage: Previous 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Next
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