Albert J. and Helen R. Desantis - Page 40

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               Petitioner's final argument, that the payments represent               
          loans from the partnerships to petitioner, is also without merit.           
          There is no evidence in the record which indicates that such                
          loans were made.  In addition, the offering circulars for the               
          limited partnerships clearly prohibit the making of such loans to           
          petitioner, the general partner.                                            
               We hold that petitioner failed to report fee income in the             
          total amounts of $624,000, $806,076,8 and $273,700, on the 1982,            
          1983, and 1984 returns, respectively.                                       
               (b)  Unreported Income From Newtowne and Related                       
          Transactions                                                                
               In the notice of deficiency, respondent determined that                
          petitioner failed to report income he received from Newtowne in             
          the amounts of $31,014 and $1,282,500 on his 1982 and 1983                  
          returns, respectively.  Petitioner has the burden of proof with             
          respect to these adjustments.                                               
               In her amendment to answer, respondent claims that                     
          petitioner failed to report income he received from Newtowne and            
          from transactions with Newtowne in the amounts of $8,860.71,                

          8  Calculated as follows:                                                   
          Amount received less concession                         $816,600            
          Less interest conceded                                   (10,524)           
          1983 omitted fee income                                  806,076            







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