Robert D. Grossman, Jr. - Page 143

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          A. Underpayments of Tax                                                     
               In order to determine whether there were any underpayments             
          of tax, we first determine whether petitioner had unreported                
          income for 1983 through 1986.25                                             
          In the notices of deficiency, respondent determined that                    
          petitioner and Betsy omitted to report, on their 1983 through               
          1986 joint tax returns, constructive dividends in the form of               
          personal travel and entertainment expenses paid on behalf of                
          Betsy by Markette.  Other adjustments are briefly described supra           
          in notes 2 and 3.  On opening brief, however, respondent states             
          that respondent relies only on certain of the travel and                    
          entertainment items to carry the fraud burden of proof.  The                
          latter items are listed in table 15.  Table 15 also shows the               
          totals of the travel and entertainment constructive dividend                
          adjustments in the notices of deficiency.  Because a year is                
          “open” under section 6501(c)(1) only if respondent succeeds in              
          proving by clear and convincing evidence that there is an                   
          underpayment due to fraud, we focus in this part of the opinion             
          on only the items listed in table 15.                                       



               25   We have determined, supra, that the statute of                    
          limitations is in issue only for 1983, 1984, and 1985.                      
          Nevertheless, we consider petitioner’s 1986 actions at this point           
          because any pattern established may have a bearing on our                   
          analysis of other years. E.g., Adler v. Commissioner, 422 F.2d              
          63, 66 (6th Cir. 1970), affg. T.C. Memo. 1968-100.                          




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