- 127 - personal portions of a trip, because petitioner arranged for the Sley Corporations to pay for only that portion of Baybrook’s trip to Florida that she spent on business (see supra note 5), not her entire trip. Petitioner’s background increases our confidence that he understood that, when he told Baybrook that Markette was to pay for the travel and entertainment expenses on the Markette American Express invoices, it would result in the constructive dividends’ not being reported on his and Betsy’s joint tax returns. We believe that petitioner acted in bad faith, with the intention that the constructive dividends not be reported. Petitioner points to the relatively small amounts of omitted constructive dividends, compared to the substantial amounts of income that he and Betsy reported, and substantial amounts of income taxes they paid. Compare, for example, table 19 with tables 13 and 14. The significance of large relative omissions in most fraud opinions decided for respondent is that the relative magnitude of the omissions convinced us that the omissions could not have been inadvertent. In the instant cases, petitioner’s knowledge of the tax laws combines with the other elements we discuss to convince us that these omissions could not have been inadvertent. Thus, in the instant cases, the comparatively small relative magnitude of omissions does not point toward inadvertence.Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
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