- 40 - Walter Van Eck did not always deposit rents he collected into the Bank Accounts. The amounts of rent he did not deposit into any of the 24 Bank Accounts during the years 1982 through 1986 [1985] years [sic] were at least $1,164, $1,485.43, $552, and $3,000, respectively. Respondent's citations to the record in support of that finding do not support any particular amounts of undeposited and unreported rents for 1982 through 1985. Additional findings proposed by respondent do support respondent's conclusion that Walter did fail to deposit and report some rent for each of 1982 through 1985. Petitioners object to respondent's proposed finding set out above as follows: Walter Van Eck deposited all rents received, even cash rents (Tr. XIX). Very occasionally, he used some of the cash before making the deposit, in which case he replaced the cash with new cash, obtained by writing a check to "Cash," so that the full rent deposit could be made. (TR. XIX). We cannot identify the indicated pages of the transcript and conclude that petitioners have failed to rebut the conclusion to be drawn from respondent's proposed finding that Walter failed to deposit and report some rents. Petitioners have raised our suspicion that not all of the amounts labeled as "Additional Income" are rental income. The $3,000 amount shown for 1985 as "19556 Payment" appears to be a payment with regard to a property transaction that respondent concedes is not a taxable amount. See Supplemental Stipulation of Facts paragraph 21 and Second Supplemental Stipulation of Facts paragraph 33. Accordingly, wePage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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