George M. Osserman - Page 9

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          for the years 1977 and 1978, and therefore failed to report other           
          or miscellaneous income for those years in the respective amounts           
          of $2,000,536 and $2,926,612.                                               
               Relevant portions of the record include the following.                 
          Petitioner admits that he sold interests in the S-J partnerships            
          during 1976 and 1977.  Petitioner admits that he received                   
          substantial amounts of cash from the sales proceeds of the                  
          limited partnership interests in the S-J partnerships.                      
          Petitioner cannot give an exact accounting of the amount of cash            
          so received, or the time he received the cash.  He failed to                
          maintain books and records providing an accurate accounting of              
          the cash he received from these sales.  Nevertheless, he admits             
          that he received "approximately $1,720,916".  Petitioner admits             
          that he fraudulently failed to report "all or a substantial                 
          portion of" the income he received during 1976 and 1977 from the            
          sale of limited partnership interests in the S-J partnerships.              
               Respondent seeks partial summary judgment as to the amount             
          of other or miscellaneous income for 1976 that she determined in            
          the notice of deficiency, $1,684,916.6  Petitioner's admissions             
          establish that over a 2-year period, during 1976 and 1977, he               
          received approximately $1,720,916 in commissions.  However, these           

          6    In the notice of deficiency respondent listed the source of            
          payments by which she determined petitioner's unreported                    
          commission income.  It is a list of bank deposits referencing the           
          respective banks, account numbers, check numbers, check dates,              
          and amounts.  The underlying documentation concerning these items           
          is not included in the record before us on this motion.                     




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