- 139 - Orlando appeared, which showed a net credit and not a net amount due. Because Baybrook would not have had to prepare a check as payment for the October 1984 invoice, it is not clear whether petitioner examined the October invoice in detail. If petitioner had examined the October invoice and traced the charges and payments made back to the August 1984 invoice, then petitioner would have realized that the airlines tickets to Orlando appearing on the October invoice were “paid for” with credit issued on account of the refund of charges appearing on the August invoice. It is not clear that petitioner went through such deliberation. It is not clear whether petitioner actually knew, much less intended, that Markette paid for the airlines tickets to Orlando; thus, it is not clear that petitioner knew and intended that that amount be omitted from petitioner’s and Betsy’s 1984 joint tax return. Respondent has failed to prove by clear and convincing evidence that the omission of the $780 constructive dividend in 1984 was due to petitioner’s fraud. As shown supra table 17, this $780 item is the only one of the items that respondent relies on as to which we have found that respondent showed by clear and convincing evidence that petitioner had an underpayment of tax for 1984. Respondent’s failure to show by clear and convincing evidence that this $780 omission was fraudulent leads to the conclusion that respondentPage: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Next
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