Ted W. Gleave - Page 60

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          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 testimony                







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