- 14 - evidence that disputed Mr. Gelcius' testimony that MBL made payments to petitioner. The only questions that petitioner asked Mr. Gelcius concerning the issue were: (1) "Do you have any knowledge of me actually physically receiving the check and depositing it in my bank account?", to which he responded: "I was not asked to check on that. But no, I don't. But I could have, though", and (2) "So as far as you know, this check could have gone to Angelo Scharelli [the agency manager for the MBL division in south Florida], who in turn deposits [it] in a master bank account?", to which Mr. Gelcius responded: "I have no knowledge of where that check would have went out. All I know is that it would have been sent to Nicholas A. Paleveda." Mr. Gelcius' testimony was uncontroverted. Petitioners argue that they established at the audit that MBL paid Stuart, which then paid $308,936 to petitioner. We, however, decide petitioners' liability for income tax deficiencies on the evidence produced at trial and not a previous record developed at the administrative level, Greenberg's Express, Inc. v. Commissioner, supra, and petitioners did not offer any documentary evidence establishing that MBL paid Stuart and that Stuart paid petitioner. Additionally, petitioners did not provide any account statements from NationsBank or other documentary evidence to establish that petitioner received only $308,936 in income during 1990. Finally, petitioners offered no documentary evidence establishing that petitioner merelyPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011