- 9 - 3. Income Tax Refund Petitioner participated in a scheme to defraud the U.S. Government. Specifically, petitioner and William Arias fraudulently prepared and filed a 1987 Federal tax return claiming a refund under the name Chris Arias. Chris Arias, William Arias' brother, never received the $4,168 refund check from the return that was filed on his behalf. Instead, William Arias received the check, cashed it, and delivered $2,000 in cash to Mr. Beretta for his participation in the scheme. Mr. Beretta did not report the $2,000 as income on his 1988 Federal individual income tax return. Respondent included the $2,000 in petitioner's income for the 1988 taxable year. 4. Capital Losses On his 1987 tax return, petitioner claimed a capital loss from the sale of stock in a Strong Total Return Fund in the amount of $2,558. At trial, petitioner presented documentary evidence substantiating the claimed loss. Respondent disallowed the $2,558 loss in his 1987 notice of deficiency. Petitioner claimed capital losses of $300, $3,000, $3,000 and $2,400 from bad debts for the tax years 1987, 1988, 1989, and 1990, respectively. The bad debts were the result of petitioner's payments to creditors for obligations of the restaurants for which he was a guarantor. In 1987, petitioner paid $300 for liabilities owed to PG&E, an electrical supplier ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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