John Van Heemst - Page 15

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               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 in             






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