M.S. Food Stores, Inc. - Page 11

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          deposited in the corporate petitioner's bank account were part of           
          the store deposits; i.e., those deposits into the corporate                 
          petitioner's checking acount that were recorded as deposits on              
          the green sheets.  Accordingly, those amounts are not part of the           
          unexplained bank deposits of the corporate petitioner.  Among the           
          checks included above, those checks relating to deposits other              
          than the store deposits include the following:3                             
                        Date         Check Number     Amount                          
                        05-19-89     0109             $3,000                          
                        11-24-89     0195             3,000                           
                        12-01-89     0203             4,000                           
                        12-21-89                      10,000                          
                        12-29-89                      20,000                          
          As to his personal checks to the corporate petitioner that were             
          cashed, Mr. Sutton did not know the specific disposition of the             
          proceeds of those personal checks.                                          
               Fred Sutton also wrote checks to the corporate petitioner              
          which, during the years before the Court, included the following.           
                                Date         Amount                                   
                                08-19-88     $10,000                                  
                                04-21-90     500                                      
                                09-20-90     11,000                                   
          On August 19, 1988, the corporate petitioner made a deposit of              
          $10,000 to its bank account in addition to the store deposit for            
          that date.  We cannot determine that the other two checks from              


          3 We have not included those checks where it is clear that                  
          respondent either did not include the related deposits in the               
          unexplained deposits or has conceded them.                                  




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