Jerry S. Payne - Page 3

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          adjustments, and charged petitioner with the fraud addition to tax          
          for each year.                                                              
               Respondent’s adjustments and the capacity in which various             
          funds, bank deposits, and stock were received by petitioner, whether        
          they constitute taxable income to petitioner, the deductibility of          
          the disputed deductions, and respondent’s imposition of the fraud           
          addition to tax are the subject of much confusion and disagreement          
          between the parties.  Certain items of income and deductions have           
          been conceded.  Also, petitioner now claims additional deductions           
          that were not reflected on his Federal income tax returns and that          
          were not properly raised in his pleadings.                                  

                                    FINDINGS OF FACT                                  
               When the petitions were filed, petitioner resided in Houston,          
          Texas.                                                                      
               During the years in issue, petitioner practiced law primarily as       
          a litigation specialist, and petitioner owned and operated in               
          Houston, Texas, a law firm under the name of Payne & Associates.            
          Petitioner provided extensive legal representation to and eventually        
          managed, controlled, and owned the stock of 2618, Inc. (2618 Inc) a         
          corporation that owned and operated in Houston, Texas, a topless            
          dance club under the name of Caligula XXI (the Club).                       
               During part of the years in issue, Gerhard Helmle (Helmle) owned       
          50 percent of the stock of 2618 Inc, and he assisted in managing            
          operations of the Club.  Petitioner also provided legal                     





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