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management services with respect to residential real estate
properties in Oregon that were owned by Walter, owned jointly by
Walter and Kosydar, or owned by other persons. Walter had other
employment during some of the years in issue.
OPINION
Introduction
The issues remaining for decision concern items of gross
income (mainly evidenced by bank deposits) that respondent claims
either Walter or Walter and Friedgard failed to report, a
deduction for 1987 claimed by Walter and Friedgard, and the
additions to tax for negligence determined by respondent. Before
addressing those issues, however, there are a few preliminary
matters that we will address.
Findings of Fact
The issues remaining for decision present us with numerous
questions of fact. With respect to those questions, petitioners
bear the burden of proof, which they must carry by a
preponderance of the evidence. Rule 142(a).
As stated, we have found those facts that the parties have
stipulated. Also, we have received into evidence those exhibits
attached to the stipulation of facts, as well as other exhibits
offered by the parties at trial. The trial in this case lasted
4 days, and the resulting transcript is 809 pages long. There
are approximately 200 exhibits. At the close of the trial, we
directed the parties to file briefs. We advised petitioners to
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