Joao Montoro and Neuza Paula - Page 22

                                         22                                           
          the purchase and sale of petitioners' real property in Brazil.              
          Petitioner-husband did not define the phrase the "difference of             
          the sales".  As discussed below, we find that petitioners had               
          $326,939 in cash in December 1989.                                          
               Petitioner-husband testified that he sold the Rua Jose Jorge           
          Farah property for $150,000 and the house at Rua Madre Maria                
          Santa Margarida for $140,000.  Respondent points out that these             
          amounts are inconsistent with the amounts petitioners reported on           
          their 1986 Brazilian return.  We agree.  Petitioner-husband                 
          reported that he sold the Rua Jose Jorge Farah property for Cr$             
          1,660,000 ($119,942) and the Rua Madre Maria Santa Margarida                
          house for Cr$ 1,972,600 ($135,667) on petitioners' 1986 Brazilian           
          return.                                                                     
               Statements in a U.S. Federal tax return are admissions under           
          Rule 801(d)(2) of the Federal Rules of Evidence and will not be             
          overcome without cogent evidence that they are wrong.  Waring v.            
          Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam            
          T.C. Memo. 1968-126; Estate of Hall v. Commissioner, 92 T.C. 312,           
          337-338 (1989); Lare v. Commissioner, 62 T.C. 739, 750 (1974),              
          affd. without published opinion 521 F.2d 1399 (3d Cir. 1975).  In           
          signing the Brazilian return, petitioner-husband attested to its            
          truth.  We believe it is appropriate to apply this doctrine to              
          petitioners' Brazilian returns.  Thus, we find that petitioners             
          sold the Rua Jose Jorge Farah property for $119,942 and the Rua             






Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011