Jerry S. Payne - Page 29

                                         - 29 -                                       
                          Remaining Disputed Bank Deposits and                        
                          Other Checks -- 1987 and 1988                               
               With regard to the remaining $16,9323 disputed bank deposits and       
          other checks for 1987 and the remaining $2,9504 disputed bank               
          deposits for 1988, we conclude that the deposits should be treated as       
          taxable income to petitioner.  Petitioner’s law practice constitutes        
          the likely taxable source of these deposits.                                

          Cash Withdrawals From the Club -- 1987 and 1988                             
               Respondent argues that the $6,721 and $4,699 that petitioner           
          withdrew from the cash registers of the Club in 1987 and 1988 were          
          used for personal purposes and constituted taxable income to                
          petitioner.  Petitioner argues that only $320 of the cash withdrawals       
          (represented by receipts reflecting the handwritten notation "draw")        
          should be taxable to him and that the remaining cash withdrawals were       
          used to recruit dancers for the Club and should not be taxable to           
          him.                                                                        


          3     This $16,932 represents the sum of the following:  The                
          disputed bank deposits at TexCommBk, account No. 14909839, that             
          were dated 8/18/87, 9/28/87, and 11/20/87; the disputed bank                
          deposit at TexGuarantyBk, account No. 40033653, that was dated              
          9/16/87; and the disputed checks not deposited into petitioner's            
          bank accounts that were dated 1/19/87, 1/21/87, and 8/21/87, plus           
          four other undated checks made payable to petitioner totaling               
          $3,244 (see supra pp. 19-20).                                               
          4     This $2,950 represents the sum of the disputed bank                   
          deposits at TexGuarantyBk, account No. 00007823, that were dated            
          8/22/88 and 11/4/88 (see supra p. 20).                                      






Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011