Robert and Ella M. Tolbert - Page 6

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          least seven jobs during 1989 and received cash payments for work            
          performed.  Petitioners failed to keep accurate records of those            
          cash receipts.  Petitioner testified that the gross receipts                
          calculation in the amended return was based solely on 1989 bank             
          deposits from the Hecht job, the D.C. Government job, the Capitol           
          Cab job, and the Southern Baptist Church job.  Tolbert's                    
          Construction was paid in cash for jobs at Bryant Street, N.W.; I            
          Street, S.E.; and K Street, N.W.  Petitioners did not include               
          these receipts in their calculation of their 1989 Schedule C                
          gross receipts on the amended return.  The evidence shows that              
          the amended return is incorrect.                                            
               Petitioners have not established that they overreported                
          their gross receipts for 1989.  Respondent committed no error in            
          failing to accept petitioners' amended return.                              
          Theft Loss--1989                                                            
               Respondent disallowed petitioners' claimed theft loss on               
          their 1989 return. The only evidence of the claimed loss is                 
          petitioner's testimony that certain items were purportedly stolen           
          and that the cost of the stolen items was about $10,000.                    
          Petitioner did not produce a police report and testified that he            
          did not report all of the alleged thefts to the police.  Without            
          corroborating evidence, we decline to accept petitioner's vague             
          testimony.  Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th              
          Cir. 1971), affg. T.C. Memo. 1969-159.  Petitioner has failed to            
          prove either that the loss occurred or the correct amount of the            




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