Wale O. Osijo - Page 8

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          States, 348 U.S. 121 (1954).  The reconstruction of income must             
          be reasonable in light of all of the surrounding facts and                  
          circumstances.  Giddio v. Commissioner, 54 T.C. 1530, 1533                  
               For the taxable years 1989 through 1992, we find that                  
          petitioner was not engaged in any income-producing activity.                
          Respondent’s reliance upon an answer to an interrogatory filed in           
          a lawsuit (see supra note 4) is misplaced.  While petitioner may            
          have identified himself in the answer to an interrogatory as a              
          tax management consultant, calling oneself that does not                    
          necessarily indicate that he had in fact engaged in such                    
          activity.  We also note that the actual interrogatory that                  
          petitioner answered was not presented to the Court, and thus we             
          are unaware of the full context of petitioner’s answer.                     
               On the other hand, petitioner has satisfactorily established           
          that he was not engaged in income-producing activity during 1989            
          through 1992.  We find that during that time petitioner was                 
          recovering from serious gunshot wounds, attending university,               
          and/or pursuing his legal remedies.  Petitioner received                    
          nontaxable income from various agencies of the State of                     
          California which he used to support himself.5  Accordingly, for             

          5  Respondent does not contest the nontaxability of those                   

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