Bill Fred Hamilton and Connie Hamilton - Page 7

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          cash to a customer, they were required to complete a cash-out               
          ticket that listed both the amount given as well as the name of             
          the individual receiving the cash.  These witnesses also                    
          testified as to their personal knowledge of Mr. Hamilton’s                  
          involvement in these transactions.6  We find this evidence to               
          unequivocally demonstrate that petitioners received the amount              
          indicated by respondent.                                                    
               At trial, Mr. Hamilton contended that some of the cash                 
          amounts received was used to pay for business expenses.                     
          Specifically, Mr. Hamilton claimed that he had receipts showing             
          that a large portion of the cash at issue was used to purchase              
          coal for the account of H&S.  Petitioners did not, however,                 
          produce the receipts or otherwise present any books, records, or            
          other testimony that would support this assertion.                          
               Once the Commissioner has validly reconstructed a taxpayer’s           


               6  At trial, Mr. Hamilton argued that he never received a              
          significant portion of the cash from the transactions at issue.             
          Rather, he argued that other individuals signed his name to the             
          checks without his permission to avoid certain cashing                      
          restrictions and fees imposed on individuals who did not have an            
          account with Fidelity.  Further, Mr. Hamilton argued that the               
          bank tellers perjured themselves both in the civil and criminal             
          trials when they testified that he was the one who received the             
          money.  Unsurprisingly, petitioner did not produce any testimony            
          (other than his own) or evidence supporting his position at                 
          trial.  After trial, along with his posttrial brief, Mr. Hamilton           
          submitted two affidavits purportedly taken from individuals                 
          involved in several of these transactions to support his                    
          contention that he did not receive the funds.  His failure to               
          produce the evidence at trial, however, cannot be remedied on               
          brief, as the evidentiary record is closed.  See Rule 143(b).               





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