Lawrence J. Polidori - Page 14

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          deposits were made using proceeds derived from the transactions             
          described in those exhibits.                                                
               By not attempting to trace the subject proceeds to a single            
          deposit, or even a particular year, petitioner has left a hole in           
          his argument.  Tracing the proceeds from the underlying                     
          transactions to the deposits at issue should not have been a                
          difficult task for petitioner to accomplish.  Canceled checks and           
          past bank statements might have been persuasive evidence in this            
          regard.  Petitioner's failure to provide corroborative evidence             
          presumably in his control weighs against him.  Tokarski v.                  
          Commissioner, supra; Wichita Terminal Elevator Co. v.                       
          Commissioner, 6 T.C. 1158 (1946), affd. 162 F.2d 513 (10th Cir.             
          1947).                                                                      
               Having rejected petitioner's questionable testimony, and               
          given his failure to explain the size and frequency of the                  
          deposits at issue, as well as his failure to trace the proceeds             
          derived from the real estate transactions to such deposits, we              
          conclude that petitioner has not established that respondent's              
          determination is erroneous.  Accordingly, we resolve this issue             
          in favor of respondent.                                                     
          Issue 2. Additions to Tax Under Section 6653(b)                             
               Respondent contends that petitioner is liable for the                  
          addition to tax for civil fraud under section 6653(b) for 1980              
          and 1981, under section 6653(b)(1) and (2) for 1982, 1983, 1984,            
          and 1985, and under section 6653(b)(1)(A) and (B) for 1986.                 




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