John Van Heemst - Page 18

                                       - 18 -                                         
               1988 and 1989                                                          
               Petitioner filed no returns for 1988 and 1989.  For those              
          years, respondent determined that petitioner received net income            
          from Pieces of Eight in the amounts of $37,891 and $58,577,                 
          respectively, based on a check spread, or transcript of checks              
          drawn on Pieces of Eight’s bank account.  The checks that                   
          respondent could not determine were allowable business expenses             
          were considered to represent personal nondeductible expenses of             
          petitioner and Ms. Murphy, one half of the amount of which was              
          allocated to petitioner, and represented net income of Pieces of            
          Eight.  Ms. Murphy testified that petitioner would issue to her             
          checks drawn on Pieces of Eight’s account that were used to pay             
          their household expenses.  Respondent’s agent claimed at trial              
          that she had utilized a bank deposit method of reconstructing the           
          income of Pieces of Eight, but the work papers in the record                
          concerning 1988 and 1989 do not contain any analysis of Pieces of           
          Eight’s bank deposits for those years.  Furthermore, the                    
          description of the method by which the deficiencies were                    
          determined set forth in the stipulations of the parties and                 
          respondent’s brief makes clear that the determination was based             
          on expenditures from, rather than deposits into, the Pieces of              
          Eight bank account.  On brief, respondent does not claim that the           
          deficiencies for 1988 and 1989 were determined on the basis of              
          the bank deposit method.  Indeed, respondent does not                       






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