Ted W. Gleave - Page 37

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          $2,712,461.27 in Kenmore’s fiscal 1982.  Supra table 5.  They               
          also have stipulated that, of these amounts, at least $58,587.62            
          for fiscal 1981 and $52,244 for fiscal 1982 are nontaxable                  
          deposits.  The accounts receivable amounts used in calculating              
          the increase in gross receipts, as shown supra in table 5, are              
          taken from Kenmore’s tax returns and are not disputed by either             
          side.                                                                       
               We conclude, and we have found, that Kenmore’s various                 
          business activities are collectively the source of its unreported           
          income.  As discussed infra, we also conclude that none of the              
          suggested nontaxable sources explains Kenmore’s unreported                  
          income, except for Gleave’s apparent deposits of $6,600 payments            
          on a purchase-money mortgage from the sale of Ted’s Nursery.                
               Kenmore contends that because Broskin used Kenmore’s lines             
          of credit and charged fuel at the refineries to Kenmore,                    
          Broskin’s money was just passing through Kenmore’s Account, and             
          thus the amounts deposited into Kenmore’s Account that came from            
          Broskin should not be included in Kenmore’s gross receipts,                 
          because these amounts are income of Broskin.                                
               We have found that, when Broskin used Kenmore’s lines of               
          credit and charged fuel at the refineries to Kenmore, then                  
          Kenmore paid the refineries for this fuel, and Broskin paid                 
          Kenmore for this fuel.  So, although payments by Broskin                    
          deposited into Kenmore’s Account are included in the total                  
          deposits to Kenmore’s Account for its fiscal 1981 and its fiscal            






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