Robert D. Grossman, Jr. - Page 129

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               Berger also calculated the amount of dividends to be paid              
          out by the Sley Corporations at the end of the year so as to                
          avoid the personal holding company tax.  The amount of the                  
          dividends was dictated by the amount of the taxable income of the           
          Sley Corporations--if taxable income decreased, then dividends              
          decreased; if taxable income increased, then dividends increased.           
               Before 1987, there were no Forms 1099 issued to shareholders           
          for dividends income in the form of payment of travel expenses.             
               At some point in the period 1980-1986, Berger discussed the            
          travel expenses paid by the Sley Corporations, with someone                 
          associated with the Sley Corporations.  Berger was told that the            
          travel and entertainment expenses were incurred so that the                 
          officers of the Sley Corporations could meet to discuss corporate           
          business, and that there were no personal expenses included in              
          those amounts.  Berger had never seen the travel records of the             
          Sley Corporations before the trial, nor had he heard of specific            
          trips taken by petitioner, Betsy, and the children.  If Berger              
          would have heard of trips to the resort destinations, described             
          under Travel and Entertainment Expenses, supra, then he would               
          have asked whether the trips were taken for personal or business            
          purposes.  If a trip was taken for personal purposes, then Berger           
          would not have deducted the trip expenses on the Sley                       
          Corporations’ tax return, and he probably would have treated the            







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