- 5 - 1986 Pantera -- 22,445 -- 4120 Eierman Ave. -- -- 1$10,558 Rt. 40 West Furniture -- -- 2,196 1984 Lotus -- -- 13,185 1984 Porsche Cabriolet -- -- 5,000 Totals 17,774 179,209 30,939 1 The amount shown as expended for this property has been1 adjusted to reflect the agreement of the parties. With respect to certain of those items, the statement of facts recites that petitioner used his mother, Dolores Bruno, as a nominee to disguise his purchases. The District Court accepted petitioner’s guilty pleas and entered verdicts of guilty. Subsequently, the District Court entered a judgment in accordance with its verdicts and sentenced petitioner to imprisonment for 97 months. Petitioner made returns of income for each of the years in issue, but reported no income from his illegal drug activities. Respondent’s determination of deficiencies in tax for the years in question is, principally, the result of respondent’s adjusting petitioner’s gross income for each year to include amounts equal to petitioner’s expenditures for the listed property. Discussion I. Preliminary Matter The general rule is that the burden of proof is upon petitioner, Rule 142(a), which he must carry by a preponderance of the evidence, e.g., Schaffer v. Commissioner, 779 F.2d 849,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011