Robert D. Grossman, Jr. - Page 47

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          Commissioner, 391 F.2d 727, 732-733 (4th Cir. 1968), affg. on               
          this issue and revg. on another issue T.C. Memo. 1965-246; Estate           
          of Temple v. Commissioner, 67 T.C. 143, 162-163 (1976).                     
               In the instant cases, petitioner supervised Baybrook in such           
          a manner that Baybrook was not informed of the personal nature of           
          the charges that she was noting on the Sley Corporations books.             
          Also petitioner knew that this meant that Berger’s access to the            
          books would not enable Berger to realize that Markette was paying           
          petitioner’s and Betsy’s personal expenses.                                 
               Petitioner’s effort to claim that he relied on Baybrook and            
          Berger is belied by the record.  The transparent falseness of               
          petitioner’s efforts is itself an indicator of petitioner’s                 
          fraudulent intent.  Bahoric v. Commissioner, 363 F.2d at 153-154;           
          Boyett v. Commissioner, 204 F.2d at 208.                                    
               (6) Other Considerations                                               
               We believe that petitioner established a pattern that                  
          continued into 1986 with regard to constructive dividends, and              
          there is strong evidence about his fraudulent intent with regard            
          to the omission of that income from his and Betsy’s joint tax               
          returns.  However, determinations about fraud must be made year-            
          by-year.  Drieborg v. Commissioner, 225 F.2d at 219-220; Estate             
          of Stein v. Commissioner, 25 T.C. at 959-963.  We consider at               
          this point matters of particular significance to individual                 
          years.                                                                      





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