Anthony and Linda Walters - Page 18

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               The second area in which the two formulas differ pertains to           
          the reduction for those cashier's checks negotiated by petitioner           
          during the taxable years at issue.3  Respondent's proposed                  
          reduction equals the entire amount of cashier's checks negotiated           
          during a particular taxable year, while petitioners' proposed               
          reduction equals one-half of that amount.  Each proposal,                   
          however, is at least arguably consistent with each proponent's              
          theory of the case.  Petitioners maintain that the cashier's                
          checks negotiated during a particular taxable year should not be            
          treated any differently than the cashier's checks that were not             
          negotiated during that taxable year because all of the cashier's            
          checks constituted partnership property.  In contrast,                      
          respondent's proposed reduction does not recognize petitioners'             
          section 702 distributive share recognition obligation with                  
          respect to any portion of the funds used to purchase the                    
          cashier's checks.  That is, respondent characterizes the funds              
          petitioner used to purchase the cashier's checks as giving rise             
          entirely to embezzlement income, none of which is recognized or             


               3With respect to both petitioners' and respondent's                    
          computation of unreported income, this particular variable is               
          potentially oversimplified and misleading.  Both parties include            
          it in their computation solely to account for cashier's checks              
          which petitioner negotiated during taxable year 1989.  Neither              
          party contends that any cashier's checks were negotiated during             
          earlier taxable years.  The record does not support a conclusion            
          that the cashier's checks negotiated in 1989 were actually                  
          purchased in 1989.  Yet, both parties presume this to be the                
          case.  Accordingly, we too will presume that the checks                     
          negotiated in 1989 were purchased in 1989.                                  




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