Joseph M. and Sybil G. Kawal - Page 6

                                                 - 6 -                                                    
                                                OPINION                                                   
                  Petitioners bear the burden of proving that respondent's                                
            determinations in the notice of deficiency are erroneous.  Rule                               
            142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                                         
            Unreported Income                                                                             
                  The parties agree that during 1992 petitioner received                                  
            compensation from JMS, which he did not report in petitioners'                                
            1992 return, in an amount equal to at least $175 a week, or                                   
            $9,100 for that year.3  Their dispute is whether during 1992                                  
            petitioner received more than $9,100 in compensation from JMS.                                
            While acknowledging that during 1992 he received more than $9,100                             
            from JMS, petitioner contends that the amount that he received in                             
            excess of $9,100 belonged to Mr. Mahabir and that, pursuant to                                
            Mr. Mahabir's arrangement, petitioner was required to use such                                
            excess for the benefit of Mr. Mahabir, his family, and/or certain                             
            of Mr. Mahabir's acquaintances.  Respondent contends that the                                 
            Form 1099, as well as petitioners’ bank statements, shows that                                
            petitioner was permitted to retain for his benefit all money                                  
            received from JMS during 1992.                                                                
                  Our resolution of this case depends upon our assessment of                              
            the credibility of the following witnesses who testified at                                   

            3  Petitioners reported in their 1992 return all income received                              
            from Linden Lumber and Best Care.                                                             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011