Anthony and Linda Walters - Page 16

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          he testified that petitioner did not embezzle partnership funds.            
          This we are unprepared to do.  Furthermore, while there may be an           
          appearance of impropriety associated with the facts surrounding             
          petitioner's control of the cashier's checks, such facts are                
          consistent with petitioner's and Carlton's agreement that                   
          petitioner manage the financial assets of the partnership.                  
          Accordingly, we find that the cashier's checks remained assets of           
          the partnership and that petitioners did not receive embezzlement           
          income resulting from petitioner's purchase and control of them.            
          Issue 2.  Computation of Unreported Income                                  
               While the parties agree that petitioners failed to report              
          various amounts of income received from Fruitland during the                
          taxable years at issue, they remain in disagreement with respect            
          to the amount of unreported income.  Petitioners contend that the           
          amount of unreported income for each taxable year at issue is               
          equal to the amount of personal living expenses petitioner paid             
          by drawing checks against Fruitland's checking account during the           
          taxable year, plus one-half of the cashier's checks purchased by            
          petitioner during the taxable year, less one-half of the amount             
          of cashier's checks negotiated during the taxable year, less the            
          amount of income reported as received from Fruitland on                     
          petitioners' tax return.                                                    
               Relying on the theory that petitioner purchased the                    
          cashier's checks with embezzled funds, respondent contends that             
          the amount of unreported income for each taxable year at issue is           




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