Eric Wynn - Page 17

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          W&Y Payment                                                                 
               We are satisfied that W&Y is a legitimate firm in the                  
          jewelry business.  Respondent offered no evidence that the                  
          Renaissance payment to W&Y was not for legitimate corporate                 
          purchases.  Nor did respondent offer evidence that the amounts              
          paid to W&Y or the items purchased from W&Y came under                      
          petitioner's control.  Respondent has not proven by clear and               
          convincing evidence any underpayment of tax resulting from the              
          W&Y payment.                                                                
          Payments to Ron Gelfman                                                     
               Respondent has also failed to prove an underpayment arising            
          from the payments into the Ron Gelfman checking account at the              
          Trust Co.  There is no evidence, much less clear and convincing             
          evidence, that these payments were for noncorporate purposes.               
          Renaissance's corporate records contain receipts from Ron Gelfman           
          Associates, showing the payments to be for business purchases.              
          Respondent presented no contrary evidence that these were not               
          actual Renaissance purchases.  Respondent never showed that                 
          Renaissance did not receive value in exchange for the payments.             
          The facts that the Social Security number on the Gelfman bank               
          account was not in the Internal Revenue Service computer data               
          base for the New York metropolitan area and that Ron Gelfman                
          Associates is not known in the jewelry business may raise                   
          suspicions that someone diverted Renaissance funds for                      
          noncorporate purposes.  These facts, however, without more, are             




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