- 60 - Ashland Oil and kept available to Kenmore so that Kenmore could stay in business. This $85,000 item is more than four times as large as the next largest item in the notice of deficiency to Gleave. Gleave testified as to the $85,000 item that he did “recall what that was about”, even though the event was many years before the trial in the instant case. If Gleave did recall what that was about, then why did he promptly give us three conflicting stories under oath? If the $85,000 had to be returned to its rightful owners, then why did Kenmore not merely write checks to those owners, rather than pass the money into Gleave’s hands? If Gleave spent about $60,000 to buy a truck for Kenmore, then why did Kenmore not show the truck (depreciation, investment credit) on its tax return? If Gleave kept it hidden on the side, then (1) what was to be gained, since Kenmore’s creditors would quickly see the substantial check, and (2) what finally happened to the money? After discounting Gleave’s conflicting testimony, we are left with the fact that Kenmore paid the $85,000 to Gleave because of Gleave’s decision that Kenmore should pay the money to him. Thus, the record herein establishes that (1) Gleave received the $85,000, and (2) the $85,000 came from Kenmore’s Account, which is the source of many payments which constitute income to Gleave. See DiLeo v. Commissioner, 96 T.C. at 873; Tokarski v. Commissioner, 87 T.C. at 77. Gleave’s testimonyPage: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011