- 133 - 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.Page: Previous 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Next
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