J.J. Zand - Page 99

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          Stevenson, there is no evidence of this payment on the CTC                  
          receipts journal, and there is no other evidence presented by               
          either party.  Petitioner merely states in a proposed finding of            
          fact pertaining to it that his accountant had reviewed all                  
          commissions received by CTC and petitioner for the pertinent                
          years, and petitioner had reported all income.  Respondent does             
          not address this amount on brief.  We assume that respondent has            
          conceded this issue and hold for petitioner.                                
               With regard to the alleged "unreported income" in the amount           
          of $1,478.31 from Stewart & Stevenson in 1976, neither party                
          presented any evidence.  In a proposed finding of fact petitioner           
          implies that it was paid directly to Diesel Power.  Whether it              
          was or not, we hold for respondent with respect to this amount.             
          If it was paid to Diesel Power, it was petitioner's income for              
          the reasons stated above; if it was not paid to Diesel Power,               
          petitioner has failed to meet his burden of proof that it was not           
          his income.  Rule 142(a).                                                   
               With regard to the allegation of income from IMICO, SEDIRAN,           
          and SEDCO in 1978, the parties presented no evidence other than             
          the 1978 receipts journal.  We note that, while the 1978 CTC                
          receipts journal lists numerous receipts from IMICO, SEDIRAN, and           
          SEDCO in that year, the receipts are all recorded as either                 
          "Purchases" or commissions to CTC, the latter having been                   
          reported by petitioner as income.  As to the amounts for 1978,              





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