Robert D. Grossman, Jr. - Page 42

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          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...)           




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