Ernesto H. Monroy - Page 18

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          testified that petitioner obtained the UCC financing statement to           
          protect his personal items from levy for unpaid taxes.  Her                 
          testimony is consistent with the sequence of events established             
          by the evidence.                                                            
               The ledger sheet and promissory notes that were given to               
          respondent in 1994 are unreliable.  G. Rodriguez and the revenue            
          agent both testified that they had been informed that there were            
          no loans from petitioner's family.  The documents were not                  
          provided to the IRS until 1994, 2 years after the agent requested           
          the information.  Additionally, the address on the December 1990            
          invoice was listed as Ave. Hidalgo, #407 in Toluca, Mexico.                 
          Petitioner was residing in San Antonio at the Dominion in 1990.             
          The address on the invoice was the address that petitioner used             
          after returning to Mexico in 1991.                                          
               Petitioner also argues that the 200,000,000 pesos deposited            
          in his account at Banca Cremi was a loan and that petitioner                
          planned to use the proceeds of that loan to pay back the family             
          loans.  The only document in evidence on this point is a deposit            
          slip in Spanish for 200,000,000 pesos deposited into a bank                 
          account.  There are no loan documents or any indication that the            
          deposit was a loan or that the proceeds were going to be used in            
          any particular manner.  Further, using petitioner's exchange rate           
          of 2,889 pesos per dollar, the 200,000,000 pesos would convert to           
          approximately $69,228, an amount insignificant in comparison to             
          the total amount that petitioner claims to owe his family.                  




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