Bruce David Cohen - Page 14




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                    MR. COHEN:   Not only that, but I’m saying that                   
               some of the money that I started the business with, if                 
               I started the business with x number of dollars, I’m                   
               allowed to draw that x number of dollars out, without                  
               it being income.                                                       
                    THE COURT:  Well, that’s your version.  You can                   
               draw it out, but it’s subject to income tax.  The                      
               business has to pay--                                                  
                         *    *    *    *    *    *    *                              
                    THE COURT:  I mean, you don’t just arbitrarily                    
               draw money out of a business account and say, well,                    
               this is equity, I don’t have to worry about the tax due                
               on it.  You can’t--that’s just not the way things                      
               operate.                                                               
               Given this testimony, we have no basis on which to conclude            
          that the amounts treated as draws in respondent’s bank deposits             
          analysis represent deductible expenditures.  Petitioner has not             
          so much as alleged any specific business expenses that were                 
          omitted from respondent’s calculations.  Hence, petitioner has              
          failed to prove his entitlement to any reduction in the net                 
          business income determined by respondent on account of additional           
          costs incurred by Bicycle Sport.                                            
               We next turn to whether such net income should be decreased            
          to reflect nontaxable sources for the funds deposited in the                
          Bicycle Sport accounts.  On several occasions during the                    
          examination and at trial, petitioner alluded to potential                   
          nontaxable sources in the form of inheritances, gifts, and loans            
          from family members and a friend, Anthony Turley.  However, none            
          of these receipts have been substantiated.  The minimal record              






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