- 26 -
OPINION
Respondent proposes that we find as a fact that the 1982
Unknown Deposits "are rents and land sale contract proceeds".
Petitioners have objected specifically to respondent's proposal
in a way that has aided us in making our finding as to amount of
1982 Unknown Deposits that constitute gross income to Walter.
Petitioners concede that $1,142.75 of the 1982 Unknown
Deposits represents a commission check that is gross income to
Walter. Petitioners concede that the 1982 Unknown Deposits
represent rent and interest with respect to real property sales
(RP10142 and RP19547) in the amounts of $784 and $1,240 (total
$2,024) and that one-half, $1,012, is taxable to Walter (the
other half being taxable to Kosydar). Petitioners concede that
the 1982 Unknown Deposits represent rental income in the amount
of $22,961, one-half of which, $11,481, is taxable to Walter (the
other half being taxable to Kosydar). We accept petitioners'
concessions, and, based thereon, have found that the 1982 Unknown
Deposits constitute commission, interest, and rental income to
Walter in the amount of $13,636.6
6 On brief, petitioners challenge respondent's concession in
the Second Supplemental Stipulation of Facts, pars. 4 and 5, that
the interest income there described, in the amounts of $9,385 and
$8,704, should reduce the amount shown on Exhibit 201-GK for 1982
as unknown deposits. This challenge would seem to be against
petitioners' interest. Since we have not found total gross
income from unknown deposits for 1982 in excess of 1982 Unknown
Deposits, we feel no pressure to resolve the conflict in the
parties' positions, and we do not.
Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: May 25, 2011