- 17 - equal to the amount of personal living expenses petitioner paid by drawing checks against Fruitland's checking account during the taxable year, plus the entire amount of the cashier's checks purchased by petitioner during the taxable year, less the entire amount of the cashier's checks negotiated during the taxable year, less the amount of income reported as received from Fruitland on petitioners' tax return in the form of a guaranteed payment. With three exceptions, these two formulas are equivalent. Respondent's formula differs from petitioners' formula in that it includes in the computation the entire amount of the cashier's checks purchased and maintained by petitioner. Petitioners, on the other hand, contend that the computation should consider only one-half of that amount. Whereas respondent's proposal is consistent with her theory that petitioner purchased the cashier's checks with embezzled funds, the proposal advanced by petitioners is consistent with their argument that the cashier's checks represent partnership property. In any event, as a consequence of having concluded that the cashier's checks remained partnership assets and that petitioner did not embezzle the funds that he used to purchase such checks, we find that only one-half of the amount of the cashier's checks is to be considered in the computation of unreported income for each taxable year.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011