Gregory A. Maslow and Marina Maslow - Page 6

                                         -6-                                          
          Butler, a business associate, totaling approximately $19,000, and           
          that he deposited these moneys into his bank account.  (Mr. Butler          
          and petitioner were to be involved in the export of coffee to               
          Russia.)  We found petitioner's testimony credible.                         
               Mr. Shumatsky also testified and corroborated petitioner's             
          testimony. (Petitioner testified that he was unable to reach Mr.            
          Butler in order for the latter to testify.)  We found the testimony         
          of Mr. Shumatsky credible.  No witnesses testified on behalf of             
          respondent.                                                                 
               Our ultimate task is to distill truth from falsehood.  As              
          trier of facts, we "must be careful to avoid making the courtroom           
          a haven for the skillful liar or a quagmire in which the honest             
          litigant is swallowed up."  Diaz v. Commissioner, 58 T.C. 560, 564          
          (1972).                                                                     
               On the basis of the testimony of petitioner and Mr. Shumatsky,         
          we are persuaded that the unexplained deposits came from Messrs.            
          Shumatsky and Butler. Hence, petitioners have shown respondent's            
          determination as to the taxability of the deposits to be incorrect.         
          Consequently, we hold that petitioners did not underreport their            
          1992 income  by $25,112, as determined by respondent.                       
          Issue 2.  Must Petitioners Include $7,220 Representing the Market           
          Value of a Trip to Scotland and England Earned by Petitioner as a           
          Sales Award in Income?                                                      
               Most of the insurance policies petitioner wrote were with              
          Kentucky Central Life Insurance Co.  In 1992, petitioner received           
          a free trip to Scotland and England for himself and his wife as a           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011