- 19 - taken into account pursuant to section 702. Although this is arguably consistent with respondent's embezzlement theory, we have resolved the embezzlement issue in petitioners' favor and need consider it no further. The effect of petitioners' argument should be appreciated. The necessary consequence of arguing for a smaller reduction is that unreported income will be higher. Such an argument, however, is necessary if consistency is to be maintained with their theory that the cashier's checks belonged equally to Carlton and petitioner. In any event, as a result of having resolved the embezzlement issue in petitioners' favor, we find that only one-half of the negotiated cashier's checks should be considered in the computation of petitioners' unreported income for each taxable year at issue. The final area in which respondent's formula for calculating petitioners' unreported income differs from the formula advanced by petitioners involves the amount of the reduction necessary to account for partnership income reported on petitioners' returns. Petitioners maintain that this reduction should equal the entire amount of income identified on their Schedules E as having been received from Fruitland. In contrast, respondent contends that the amount of this reduction should be limited to the amount petitioners listed on their returns as income received in the form of guaranteed payments. Respondent maintains that limiting the amount of this reduction to the amount petitioners list onPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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