- 10 - respondent's determination is presumed correct, and petitioner bears the burden of proving it erroneous. Petitioner contends that he earned the embezzled funds as fees for his services. Alternatively, he contends that he borrowed $300,000 from Ms. Boals. Petitioner failed to introduce sufficient evidence to support either contention. Petitioner also contends that because he has filed a petition for discretionary review with the Court of Criminal Appeals for the State of Texas, his conviction is not yet final and may not be used against him. He is mistaken. To be held liable for tax on embezzled income, there is no requirement that there be a prior judicial determination that an embezzlement has occurred. This Court is permitted to make its own independent determination. See, e.g., Snavely v. Commissioner, T.C. Memo. 1994-256; Solomon v. Commissioner, T.C. Memo. 1982-603, affd. 732 F.2d 1459 (6th Cir. 1984); Beaton v. Commissioner, T.C. Memo. 1980-413, affd. 664 F.2d 315 (1st Cir. 1981). We have reviewed the record and determined that petitioner embezzled the funds from Ms. Boals. Accordingly, we conclude that petitioner received embezzlement income in 1988 and 1989 and sustain the deficiencies resulting from that income as determined by respondent. B. CPI Rollover Method Calculations Every taxpayer is required to maintain adequate records of taxable income. Sec. 6001. In the absence of such records, the Commissioner may reconstruct the taxpayer's income by any methodPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011