Edward J. Frami - Page 10

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          during 1993 and 1994.  In that regard, it is clear that                     
          petitioner worked for Party and was reimbursed for expenditures             
          he made.  Petitioner refused to show the amount of the                      
          reimbursements and/or that the reimbursements were not income to            
          him and/or that any reimbursed expenditures would have been                 
          deductible.  These circumstances permit respondent to reconstruct           
          petitioner's income.  At trial, however, petitioner did present             
          credible testimony showing that his costs of living were quite              
          modest.  In particular, petitioner lived with his mother and had            
          no cost for shelter and reduced costs for his food.  In addition,           
          petitioner's automobiles were nominal in value (several hundred             
          dollars).  Finally, petitioner had lost his regular job in 1992             
          and received unemployment compensation for some portion of the 2-           
          year period under consideration.                                            
               Petitioner's factual testimony was relatively abbreviated              
          because of his intention to criticize the tax system procedure              
          rather than to show that respondent's determination was in error.           
          Within petitioner's abbreviated presentation, however, were                 
          sufficient facts to demonstrate some flaws in respondent's                  
          reconstruction.  In particular, petitioner's costs of living for            
          his age and locality were less than the average used by                     
          respondent.  Accordingly, we hold that petitioner's taxable                 
          income, as redetermined, should be reduced from $32,192 for 1993            







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