Albert Dudley Thrower - Page 3

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               In February 1989, petitioner pleaded guilty to trafficking             
          in marijuana and other related offenses.  He received a prison              
          term of 7 to 25 years and was ordered to forfeit 141 of his                 
          rental properties.  See Thrower v. Anderson, No. 98AP-1152 (Ohio            
          Ct. App. May 18, 1999); State v. Thrower, No. 14967 (Ohio Ct.               
          App. July 31, 1991); State v. Thrower, 575 N.E.2d 863, 876-877,             
          879 (Ohio Ct. App. 1989).                                                   
               For 1988, petitioner filed no Federal income tax return and            
          paid no estimated taxes.                                                    
                                       OPINION                                        
          1.  Unreported Rental Income                                                
               In the notice of deficiency, respondent determined that in             
          1988 petitioner had $217,460 of unreported net rental income,               
          representing $543,851 of gross rental income reduced by $98,501             
          of depreciation expense and $227,890 of other rental expenses.              
               In his petition, petitioner affirmatively acceded to these             
          determinations.3  At trial, petitioner offered into evidence a              
          photocopy of a 1988 Form 1040, U.S. Individual Income Tax Return            
          (the purported return), which he contended was “my 1988 tax                 

               3 The petition states:  “I do not contest the rental income            
          and expenses.”  Moreover, petitioner failed to respond to                   
          respondent’s requests for admissions, which set forth the same              
          amounts of gross receipts, expenses, and depreciation                       
          attributable to his rental properties as contained in the notice            
          of deficiency.  Pursuant to Rule 90(c), petitioner is deemed to             
          have admitted these matters.  See Freedson v. Commissioner, 65              
          T.C. 333, 335-336 (1975), affd. 565 F.2d 954 (5th Cir. 1978).               






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