- 14 - petitioner's New York State criminal trial, was alleged to have been embezzled by petitioner from his clients and the total additional $1,375,000 that petitioner received through his check- kiting scheme, by forging checks on the New Gold account, and as loan proceeds from William Marion. The schedule below reflects petitioner's Federal income tax returns as filed as well as the adjustments determined by respondent for each year: 1988 1989 1990 Tax Return Reported Losses ($ 1,650) ($ 2,651) ($ 94,292) Respondent's Determinations: $7,003,000 Embezzlement Income As Alleged In State Court -- Gabrielle Votano 741,000 Marion Family Trusts 4,087,000 Ira Saferstein 975,900* Judith Ripps 1,200,000 $1,375,000 In Additional Income Adjustments -- Check Kiting 350,000 Bridgehampton Estates 575,000 William Marion 450,000 Total Adjustments To Income $741,000 $5,062,900 $2,575,000 * As indicated, respondent's notice of deficiency made an adjustment of $975,900 with regard to petitioner's embezzlement from Saferstein. Respondent has not explained the $900 difference between the $975,000 petitioner embezzled from Saferstein and the amount of the above adjustment, and we treat the additional $900 reflected in respondent's notice of deficiency as having been conceded by respondent. OPINION Collateral Estoppel And Petitioner's Embezzlement Income It is well established that gross income under section 61(a) includes income earned from illegal activity such asPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011