Walter Van Eck and Friedgard Van Eck - Page 40

                                       - 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, we            




Page:  Previous  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next

Last modified: May 25, 2011