- 128 - (5) Petitioner’s Misleading Explanations Petitioner claims that he was merely acting as Betsy’s agent in her administration and oversight of the Sley Corporations and that Betsy gave petitioner instructions on how to carry out his duties. The extension of petitioner’s argument then, is that petitioner cannot be held responsible for any income that may have been omitted from petitioner’s and Betsy’s joint tax return because petitioner was merely acting under Betsy’s control and direction. This claim is squarely contradicted by the record. We are not concerned with whether petitioner was Betsy’s agent in the sense that Betsy is bound by, or liable for, petitioner’s actions. Our concern is as to petitioner’s liability for his own actions. It was petitioner, not Betsy, who hired and supervised Baybrook. It was petitioner, not Betsy, who directed Baybrook as to Markette’s payment of American Express invoices, knowing that those invoices included numerous charges for petitioner’s and Betsy’s personal benefits. It was petitioner, not Betsy, who brought Berger into the picture and who understood that Berger’s limited engagement meant that (in the words of the accountants’ compilation reports that accompanied the Sley Corporations financial statements) Berger would merely present “information that is the representation of management”. Petitioner, thus, made and effectuated the decisions that led to the omission of constructive dividendPage: Previous 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Next
Last modified: May 25, 2011