Janet Marie Wilson, Petitioner, and Kenneth E. Wilson, Intervenor - Page 8




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               While the record is unclear on this point, intervenor                  
          alleges that respondent determined the unreported gross receipts            
          by analyzing deposits made into the Bank One account.  Intervenor           
          alleges that the Bank One account was petitioner’s “secret bank             
          account” and that, because only petitioner and petitioner’s son             
          had signatory authority over the account, he “did not know and              
          did not have reason to known [sic] of the unreported income of              
          her secret bank account.”  Intervenor’s allegations are against             
          the manifest weight of the evidence.6                                       
               Although petitioner provided services for the businesses               
          and opened the Bank One account in her and her son’s name, it is            
          clear that intervenor maintained control of the businesses and              
          the Bank One account at all times.  Intervenor was extremely                
          abusive and demanded to have absolute authority over all                    
          financial aspects of the marriage and the businesses.  He did not           
          allow petitioner to review business records, nor did he allow her           
          to review the tax returns for the years in issue.  This pattern             


               5(...continued)                                                        
          identified petitioner as “homemaker”, intervenor concedes that              
          any deficiencies arising from the disallowed Schedule C expenses            
          and the increased self-employment taxes are allocable to him.               
               6  It is worth noting that, while intervenor appeared at               
          trial, he did not testify, nor did he offer any evidence outside            
          of the stipulation of facts.  Instead, in his opening brief,                
          which he titled “Intervenor’s Brief and Affidavit”, intervenor              
          attempted to testify.  Pursuant to Rule 143(b), statements in               
          briefs do not constitute evidence, and we give such statements              
          made by intervenor no consideration.                                        






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