- 130 - Petitioner proposed findings of fact that he “did not participate in setting the yearly salaries paid by the Sley Corporations”, that he “does not know who decided how to allocate the salaries among the Sley Corporations”, and that he “believes decisions regarding salaries paid by the Sley Corporations were made by the corporations’ officers.” Before the Sley Corporations were moved into Grossman & Flask facilities, Betsy and Ben did not receive salaries from the Sley Corporations. Then Betsy and Ben received salaries, but 31(...continued) affects petitioner’s and Betsy’s income taxes, not just the income taxes of the payor corporations. In particular, it affects the Schedule W deduction (sec. 221) and the I.R.A. contribution deduction (sec. 219), both of which are dealt with supra note 3, and the excise tax (sec. 4973), which is dealt with supra note 2. It also has a consequence as to the proper treatment of the amounts withheld as F.I.C.A. taxes from the amounts paid to Betsy. See supra table 3; supra note 30. However, petitioner implicitly conceded the Schedule W and I.R.A. contribution adjustments, respondent conceded the excise tax, and neither side pursued the dispute about the credit for withheld F.I.C.A. taxes. Respondent contends that the salary arrangement was part of a “corporate tax evasion scheme” guided by petitioner, and so shows petitioner willing to commit tax fraud. At the same time, (1) respondent understands that both the Schedule W and I.R.A. deductions “turn on the question whether amounts paid to Betsy by Markette Corporation during those years represent compensation for services actually rendered”, but (2) respondent does not contend that the underpayments resulting from the Schedule W and I.R.A. deductions in the instant cases are due to fraud. In light of this apparent inconsistency in respondent’s position, coupled with the above-described resolutions of the adjustments that flow from the salary issue, we conclude that it is not necessary for us to decide in the instant cases whether the payments to Betsy constituted salary or additional dividends.Page: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
Last modified: May 25, 2011