Paul Garfinkle - Page 11

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          affg. T.C. Memo. 1984-601; Clayton v. Commissioner, supra;                  
          Recklitis v. Commissioner, supra at 910.  A taxpayer's                      
          intelligence, experience, and other circumstantial evidence                 
          relating to events in question may also be considered.                      
          Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992);                      
          Grosshandler v. Commissioner, 75 T.C. 1, 19-20 (1980).                      
               Petitioner's records relating to funds he received from sale           
          of the S-J partnerships interests are inadequate.  The evidence,            
          however, establishes that petitioner in 1976 received at least              
          $1,968,364 from sale of S-J partnerships interests.  The evidence           
          establishes that petitioner exercised dominion and control for              
          his personal benefit over these funds.  We conclude that the                
          evidence supports respondent's determination in the notice of               
          deficiency that petitioner received additional income in 1976 of            
          $1,968,364 from sale of partnership interests.                              
               With regard to the $9,269,756 disallowed claimed S-J                   
          partnerships losses, the evidence establishes that during 1976              
          the S-J partnerships did not enter into any mining agreements               
          with mining contractors, own any mining equipment, employ coal              
          operators, obtain rail siding to transport coal, or mine or sell            
          coal.  The evidence establishes that the amount of coal reserves            
          on the property leased by the S-J partnerships was insufficient             
          to support a mining operation and that the funds received from              







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