- 86 - 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.Page: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Next
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