Robert A. Fisher - Page 4

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          joint names of petitioner and his wife.  The revenue agent served           
          a summons upon each of the banks to produce statements showing              
          deposit and withdrawal activity for each of petitioner's                    
          accounts.  On September 1, 1993, petitioner filed a petition to             
          quash respondent's summons of his bank records.  The petition to            
          quash alleged that respondent committed fraud and                           
          misrepresentation in obtaining the summons because the summons              
          itself was not issued by the Secretary.  On February 4, 1994, the           
          U.S. District Court for the District of Columbia held that the              
          petition to quash was meritless and ordered summary enforcement             
          of the summons.                                                             
               After obtaining the bank statements,3 respondent's revenue             
          agent determined the amount of income received by petitioner                
          based on the deposits to the various accounts.  Included in the             
          bank deposits made by petitioner were payments he received as a             
          public insurance adjuster during the years at issue.  Also                  
          included in the bank deposits were two checks totaling $38,967,             
          which petitioner received on April 7, 1989, from the City of                
          Baltimore for professional services rendered to the city.  To the           
          extent respondent's revenue agent could verify transfers between            
          petitioner's accounts, the revenue agent reduced the income                 
          calculation by each amount which was transferred between accounts           

               3All the monthly bank statements were obtained by the                  
          revenue agent except for the August 1987 statement.  Respondent's           
          revenue agent estimated the amount of August deposits by using a            
          weighted average of all the deposits in that year.                          




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