- 9 -
That thereafter one of the conspirators committed
at least one - not all, but at least one - of the overt
acts charged in the indictment at or about the time and
place alleged;
Fourth, that such overt act was done in
furtherance of some object or purpose of the
conspiracy; and
Fifth, that one of the conspirators did something
on or after February 4, 1981, to further some aspect
of the conspiracy, that is, to accomplish one or more
of its purposes. [Emphasis added.]
Petitioner was subsequently convicted on both the count of
conspiracy and the count to aid and abet.
Deficiency notice
Based on facts adduced at petitioner’s criminal trial,
respondent determined the deficiencies set out above. In the
deficiency notice, respondent made adjustments increasing
petitioner's gross income by $3,750 for each of the 1982 and 1983
taxable years based on Suval’s testimony at the criminal trial.
Suval testified that he paid petitioner $7,500 over a 2-year
period ending in 1983, but because he did not say exactly when
the $7,500 was paid, respondent apportioned the $7,500 equally
between 1982 and 1983.
OPINION
I. Deficiency
A taxpayer is required to maintain records sufficient to
establish their tax liabilities. Sec. 6001. If the taxpayer
fails to maintain such records or the records maintained are
inadequate, then respondent is authorized to reconstruct income
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011