J.J. Zand - Page 215

                                        - 286 -                                       

          support of numerous other losses claimed.  The failure to                   
          document such large losses constitutes negligence.                          
               For the years 1979, 1980, and 1981 petitioner claimed                  
          amounts of interest paid to the Mirhosseini family.  He was                 
          unable to show that a significant portion of the interest expense           
          claimed was actually paid to the Mirhosseini family or that                 
          debtor/creditor relationships existed between him and the                   
          Mirhosseini family.                                                         
               For 1977 and 1978 petitioner had substantial amounts of                
          unreported income.  Although he claimed the income belonged to              
          Diesel Power, it was under his dominion and control.  It was                
          deposited to his bank account pursuant to directions he gave the            
          payors, and he performed the services for which the income was              
          paid.  Furthermore, the manner in which the income was treated on           
          CTC's books and records was erroneous because it reflected the              
          unreported amounts as being the income of Diesel Power.  His                
          return preparers relied on the books in preparing his tax                   
          returns.  The information relied upon by the return preparers was           
          not accurate, which is a further indication that petitioner was             
          negligent.                                                                  
               Accordingly, we sustain respondent's determinations with               
          respect to the additions to tax for negligence for each of the              
          years 1977 through 1981.                                                    







Page:  Previous  268  269  270  271  272  273  274  275  276  277  278  279  280  281  282  283  284  285  286  287  Next

Last modified: May 25, 2011