Gaylon L. Harrell - Page 13

                                        -13-                                          
          affd. 519 F.2d 1121 (5th Cir. 1975).  This intent may be inferred           
          from circumstantial evidence, Powell v. Granquist, 252 F.2d at              
          61; Gajewski v. Commissioner, 67 T.C. 181, 200 (1976), affd.                
          without published opinion 578 F.2d 1383 (8th Cir. 1978),                    
          including the implausibility of petitioner’s explanations,                  
          Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986) (and            
          cases therein cited), affg. T.C. Memo. 1984-601; Boyett v.                  
          Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg. a                    
          Memorandum Opinion of this Court dated Mar. 14, 1951.                       
          A. Tax Liability                                                            
               We have found that petitioner received wage income of                  
          $23,371.94 and pension distributions of $15,720 during 1993.                
          Petitioner has not directed our attention to, and we have not               
          found, anything in the record suggesting that any part of the               
          pension distributions is excludable from gross income (as, for              
          example, investment in the contract, within the meaning of sec.             
          72), except for petitioner’s arguments about the status of                  
          Federal Reserve Notes and the “Fair Market Value Exchange of his            
          labor”.  We conclude that respondent has shown by clear and                 
          convincing evidence that petitioner has more than $39,000 of 1993           
          adjusted gross income.                                                      
               In the notice of deficiency, respondent allowed deductions             
          of $3,700 for the standard deduction and $2,350 for the personal            
          exemption.  Petitioner has not directed our attention to, and we            
          have not found, anything in the record suggesting that he is                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011