Steven H. Toushin - Page 8

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          years 1980, 1981, and 1982.  After a jury trial, petitioner was             
          convicted on all counts.  He appealed his convictions, see United           
          States v. Toushin, 899 F.2d 617 (7th Cir. 1990), and the case was           
          reversed and remanded by the Court of Appeals.                              
               On August 8, 1991, petitioner signed a "Plea Agreement" with           
          the Government.  In the agreement he acknowledged that during the           
          year 1980 he received income from skimming cash proceeds from               
          E & A of Illinois.  Petitioner further acknowledged that he knew            
          he was required to report as income, but knowingly did not                  
          include, the skimmed proceeds on his joint individual tax return            
          for the year 1980.  The District Court accepted petitioner's                
          plea, entered judgment against him on count one and dismissed               
          counts two and three concerning the years 1981 and 1982.                    
               In her notice of deficiency, respondent determined that                
          petitioner had unreported income for the years 1980, 1981, and              
          1982 attributable to funds diverted from E & A of Illinois.                 
          Further, respondent affirmatively alleges in her amended answer             
          that petitioner in all 3 years received and fraudulently failed             
          to report income in the form of "diverted receipts or, in the               
          alternative, constructive dividends" from E & A of Illinois.                

                                     Discussion                                       
          Arguments Of The Parties                                                    
               In support of his motion for partial summary judgment,                 
          petitioner argues that, as a matter of law, respondent cannot               





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