William C. Beretta - Page 9

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            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 of                           





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