Timothy Harvey - Page 7

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          Increased Deficiency and Additions to Tax                                   
               With respect to the increased deficiencies and increased               
          additions to tax claimed in the answer, respondent bears the                
          burden of proof.  Rule 142(a); Achiro v. Commissioner, 77 T.C.              
          881, 889-990 (1981); DeSantis v. Commissioner, T.C. Memo. 1997-             
          141.  Respondent presented evidence in support of the claim.                
               In February 1989, petitioner executed an application and               
          agreement to become an independent distributor for Matol.  In               
          November 1991, petitioner submitted an application for                      
          registration of a fictitious name, Staying Young Unlimited, with            
          the Division of Corporations, State of Florida.  The registration           
          documents reflect that the mailing address of the business is the           
          same as that of petitioner's residence.  About the same time,               
          petitioner advised Matol of the name change and asked Matol to              
          issue all compensation and royalty checks in the name of Staying            
          Young Unlimited.  Petitioner further advised Matol that Staying             
          Young Unlimited had its own tax identification number.                      
               During the taxable year 1993, Matol, as payor, issued 21               
          checks in the name of Staying Young Unlimited totaling                      
          $84,436.34.  The checks were deposited to an account controlled             
          by petitioner at the Barnett Bank in Florida.  The $84,436.34               
          represents commissions earned by petitioner from a network                  
          marketing system operated by Matol.                                         
               Petitioner failed to file a Federal income tax return for              
          the taxable year 1993, and he failed to report any income or                




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