- 129 - income from his and Betsy’s joint tax returns. Petitioner controlled the situation and knew what was happening with regard to the omitted income. Petitioner’s claim that he was merely acting for Betsy, and implicitly that any blame should be shifted from him to Betsy, is belied by the record. The transparent falseness of petitioner’s effort is itself an indicator of petitioner’s fraudulent intent. Bahoric v. Commissioner, 363 F.2d 151, 153-154 (9th Cir. 1966), affg. T.C. Memo. 1963-333; Boyett v. Commissioner, 204 F.2d at 208. Respondent contends that petitioner’s role in the Sley Corporations’ payments of salaries to Betsy and Ben is significant because it “bear[s] upon his [petitioner’s] attitude toward reporting and paying taxes generally.” Petitioner points out that Betsy and he reported all of Betsy’s salary receipts on their joint tax returns, and contends that “Betsy’s salary is neither a badge of fraud nor relevant to this case.” After examining the record in the instant case, we conclude that the most significant elements of the salary matter are (1) petitioner’s role in the salary determinations and (2) petitioner’s contentions regarding that role. We do not decide whether the payments were salary or whether the payments were fraudulent.31 31 We note that the question of whether the amounts paid to Betsy as salary really were salary or really were dividends (continued...)Page: Previous 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Next
Last modified: May 25, 2011