- 15 - On brief, petitioner does not question respondent’s determination, based on the bank deposit method, of the amount of income earned by Pieces of Eight during 1987. Rather, petitioner claims that he is not taxable on that income because Ms. Murphy alone owned the business. Ms. Murphy, however, testified that Pieces of Eight was a business owned and operated by both petitioner and her during the years in issue. Ms. Murphy testified that petitioner did not wish to have the business in his name because he feared that it would be taken from him to satisfy liens and judgments that were outstanding against him. We found Ms. Murphy a credible witness and accept her testimony. Moreover, on at least one invoice that is in the record, petitioner represented himself as an owner of Pieces of Eight. Petitioner’s conflicting stories concerning the ownership of Pieces of Eight also render his claims implausible. Prior to and at the beginning of the audit, petitioner claimed that Kathleen Murphy, a woman he had never seen, had owned Pieces of Eight. Kathleen Murphy is Ms. Murphy’s sister and had nothing to do with the business. Petitioner also told respondent's agent that Kathleen Murphy was an alias used by Ms. Murphy. Petitioner further claimed that the business was subsequently acquired from Kathleen Murphy by petitioner’s son, Michael Van Heemst, who was then a high school student, at the end of 1987. Petitioner, however, admitted that none of the purchase price called for inPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011