Leo and Alla Goldberg - Page 42

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               Respondent also determined that petitioners used funds for             
          unidentified and personal expenses of $8,264.64 from Dean Witter            
          account number 37733 and $2,736.23 from Schwab account number               
          3843.  Petitioners, in their response to a proposed finding of              
          fact regarding Schwab account number 37733, claim that certain              
          charges from Budapest and Madrid that are reflected in the                  
          proposed finding and on account statements are not personal                 
          expenses.  Petitioners state on brief that respondent was shown             
          petitioners' passports and that the passports did not reflect               
          travel to Budapest or Madrid.  No such evidence was presented at            
          trial, nor was any other evidence presented concerning the actual           
          purpose of these expenditures.  Respondent's determination that             
          petitioners failed to report the amounts paid as personal                   
          expenditures will be sustained.                                             
          Unreported Income--Deeds in Lieu of Foreclosure                             
               Respondent determined that petitioners failed to report                
          income received from their acceptance of Martis Landing and                 
          Saddle Rock by deeds in lieu of foreclosure from the Woods.                 
               Preliminarily, petitioners contend that respondent's proof             
          and argument on brief do not conform to the notice of deficiency            
          or the pleadings.  Petitioners note that the statutory notice of            
          deficiency and answer refer to "debt extinguishment" as an                  
          adjustment to income in the amount of $74,321.  The notice of               
          deficiency explains this determination as "The amount of your               
          debt which was cancelled or forgiven is includable in income."              




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