- 16 - 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 isPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011