Robert D. Grossman, Jr. - Page 40

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          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.                                                  





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