- 18 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011