Estate of David J. Dickerson, Deceased, Dorothy Dickerson, Executor and Dorothy Dickerson, et al. - Page 31

                                       - 31 -                                         
               Michoff, Jr., made deposits to his World Savings Bank                  
          accounts of $5,207 which is in issue in the 1989 tax year.  These           
          are not the total amount of deposits made into these accounts in            
          the 1989 tax year.                                                          
               Respondent contends that the source of the $39,197 in                  
          payments and the $5,207 in deposits has not been identified by              
          petitioners.  In response to respondent's proposed findings of              
          fact on these issues, Michoff, Jr., states:  “Objection.                    
          $5,207.00 receipts from limousine business reported on                      
          Petitioner's Schedule 'C' and included in $6,000 gross receipts.”           
          Because this is the only objection to respondent's proposed                 
          findings of fact regarding those amounts, we consider the $39,197           
          expenditure to have been conceded to be unreported income.9                 
          Additionally, Michoff, Jr., provided no evidence that the $5,207            
          came from previously taxed income.                                          
               Michoff, Jr., made deposits into his Placer savings account            
          in the amount of $1,528 which is in issue in the 1989 tax year.             
          This amount is not the total amount deposited into this account             
          in the 1989 tax year.  Of this amount, Michoff, Jr., contends               
          that $1,098 came from Kimberly Michoff's salary.  The only proof            
          of this source is the vague, unsubstantiated testimony of                   
          Michoff, Jr.  Michoff, Jr., contends that most of the remaining             

               9  We rely extensively on petitioners' responses to                    
          respondent's proposed findings of fact.  On brief, petitioners              
          state:  “Petitioners have extensively explained their 'unreported           
          income' in the Objection to Respondent's Requested Findings of              
          Fact and, therefore, it is unnecessary to repeat them here.”                

Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011