Anthony G. and Shirley A. Olbres - Page 7

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          Head checking account number 351-00369 as the Indian Head per-              
          sonal checking account, (3) Indian Head savings account number              
          30-002583-0 as the Indian Head business savings account,                    
          (4) Indian Head savings account number 015-000289-7 as the Indian           
          Head personal savings account, (5) Kennebunk checking account               
          number 33-802452 as the Kennebunk Olbres-Rohm business checking             
          account, (6) Kennebunk checking account number 56-868352 as the             
          Kennebunk business checking account, (7) Kennebunk savings                  
          account number 20-004393 as the Kennebunk personal savings                  
          account, and (8) Exeter checking account number 201-474-7300 as             
          the Seabrook Properties account.)                                           
               On April 22, 1988, petitioners closed the Indian Head                  
          business savings account, which had a closing balance of                    
          $464,409.  On the same date, petitioners opened another business            
          savings account at Indian Head, account number 015-002290-3,                
          under the name "A.G. Olbres Design Consultants; Anthony or                  
          Shirley Olbres" (1988 Indian Head business savings account) into            
          which they deposited $464,409.6                                             
               During 1988, petitioners also maintained the following                 
          business bank accounts at Kennebunk:                                        

          6  The parties stipulated that the 1988 Indian Head business                
          savings account was a checking account.  However, that stipula-             
          tion is contrary to the record in this case, which establishes,             
          and we have found, that that account is a savings account.  We              
          may, and we shall in this instance, disregard stipulations                  
          between the parties when the stipulations are clearly contrary to           
          the facts established by record.  See Cal-Maine Foods, Inc. v.              
          Commissioner, 93 T.C. 181, 195 (1989).                                      




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