John M. and Rita K. Monahan - Page 35

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          Respondent increased petitioners' taxable income accordingly.               
          After concessions by respondent, a single $25,000 deposit remains           
          in dispute.  The issue is whether that deposit is taxable to                
          petitioners.                                                                
               B.  Analysis                                                           
               On December 26, 1991, petitioner transferred $25,000 from an           
          account held by Group M at SP Bank to an account held by                    
          petitioners at the same bank (the payment).  Petitioners, citing            
          Ingalls v. Patterson, 158 F. Supp. 627, 641-642 (N.D. Ala. 1958),           
          argue that the payment “represents a reimbursement of legal fees            
          paid by Petitioner on behalf of Group M Construction so that the            
          reimbursement is not income to Petitioner.”  Respondent argues              
          that petitioners have failed to substantiate their explanation of           
          the payment.  The parties' presentation of the issue with respect           
          to the $25,000 deposit requires this Court to examine only the              
          facts relating to the payment.  Respondent does not contest the             
          legal basis upon which petitioners exclude that payment from                
          their income for 1991.                                                      
               Timothy Monahan testified that, although petitioner did not            
          present any documents to Group M demonstrating the amount of the            
          legal expenses to be reimbursed, he was convinced that petitioner           
          spent at least $25,000 and, thus, authorized the payment.  At               
          trial, petitioner stated that he did not remember the exact                 








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