Joseph M. and Sybil G. Kawal - Page 8

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            tion during 1992, when Mr. Mahabir, the owner of JMS, had annual                              
            income from that business of only about $50,000.                                              
                  If, as Mr. Mahabir and his son Jason Mahabir testified,                                 
            petitioner was required during 1992 to be on call on a regular                                
            basis for 13 hours a day, 5 days a week, we presume that he would                             
            have been paid at regular intervals in equal amounts for those                                
            services.  However, petitioners' bank statements for 1992 showed                              
            that, generally, the amounts of the deposits into the checking                                
            account varied and the timing of those deposits was neither                                   
            consistent nor regular.                                                                       
                  We also note that there is documentary evidence in the                                  
            record that petitioner used Mr. Mahabir's money for the benefit                               
            of Mr. Mahabir and his family.  For example, the record contains                              
            a check written by petitioner and endorsed by Mrs. Mahabir.  The                              
            record also contains two checks, each in an amount in excess of                               
            $1,000, that were payable to S&B West Indian Grocery Store and                                
            that petitioner testified, and we have found as facts, were used                              
            to pay grocery bills for which Mr. Mahabir and/or his family                                  
            were, or agreed to be, responsible.                                                           
                  Based on the entire record before us, we find that during                               
            1992 petitioner received compensation for his part-time work at                               
            JMS in the amount of $175 a week that petitioners did not report                              
            as compensation in their 1992 return.  Accordingly, petitioners                               
            have unreported income from JMS for 1992 of $9,100.                                           






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