Anthony and Linda Walters - Page 17

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          equal to the amount of personal living expenses petitioner paid             
          by drawing checks against Fruitland's checking account during the           
          taxable year, plus the entire amount of the cashier's checks                
          purchased by petitioner during the taxable year, less the entire            
          amount of the cashier's checks negotiated during the taxable                
          year, less the amount of income reported as received from                   
          Fruitland on petitioners' tax return in the form of a guaranteed            
          payment.                                                                    
               With three exceptions, these two formulas are equivalent.              
          Respondent's formula differs from petitioners' formula in that it           
          includes in the computation the entire amount of the cashier's              
          checks purchased and maintained by petitioner.  Petitioners, on             
          the other hand, contend that the computation should consider only           
          one-half of that amount.  Whereas respondent's proposal is                  
          consistent with her theory that petitioner purchased the                    
          cashier's checks with embezzled funds, the proposal advanced by             
          petitioners is consistent with their argument that the cashier's            
          checks represent partnership property.  In any event, as a                  
          consequence of having concluded that the cashier's checks                   
          remained partnership assets and that petitioner did not embezzle            
          the funds that he used to purchase such checks, we find that only           
          one-half of the amount of the cashier's checks is to be                     
          considered in the computation of unreported income for each                 
          taxable year.                                                               






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