Oliver E. Stubblefield - Page 21

                                   - NEXTRECORD  -                                    
               Also noteworthy is the fact that petitioner was placed on              
          academic suspension following the spring semester of 1990 and did           
          not return to the University of Houston until the fall semester             
          of 1991.  At that time he enrolled in only two courses for a                
          total of 7 credits.  Thus, petitioner's academic endeavors in               
          1991 would hardly have impeded his income-producing activity as a           
          barber.  This is especially evident from the fact that in 1989,             
          when petitioner was enrolled in 4 courses for a total of 13                 
          credits during the spring semester and 3 courses for a total of             
          10 credits during the fall semester, petitioner was capable of              
          earning as a barber (according to his credit application with               
          Metropolitan) "take-home" pay of $350 per week.                             
               During the course of the examination, petitioner represented           
          that he maintained a wall calendar at the barber shop that he               
          used to keep track of appointments and to record income.  He                
          further represented that the current month of the calendar was              
          not retained after month's end.  At trial, petitioner denied                
          making these representations.  When confronted with his written             
          Protest, which referred to an "appointment book",13 petitioner              
          responded as follows:                                                       



          13 The pertinent part of the Protest stated as follows:                     
               The taxpayer maintained an appointment book for his                    
               customers and to list the income earned from his                       
               customers.  The taxpayer then reported the income on                   
               his tax return.                                                        




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