Leo M. Ryan, et al. - Page 28

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          inconsistent determinations to protect the public fisc, as long             
          as none of the deficiencies has been collected and the                      
          Commissioner acknowledges only one tax liability is due.  Gerardo           
          v. Commissioner, supra at 555-556.                                          
               At trial, respondent's counsel stated respondent's intention           
          to ask the Court to decide the amounts of income each petitioner            
          received individually.  Accordingly, on brief respondent no                 
          longer attributes the same dollar of income to more than one                
          petitioner and asserts the following amounts as petitioners'                
          respective unreported gross receipts:12                                     
                    Petitioner            1982          1983                          
                    Giongo              $16,541        $9,425                         
                    Wilson              16,541         26,275                         
                    Cattalo             25,791         34,825                         
                    Grove               25,833         48,075                         
               In Gerardo v. Commissioner, supra, the taxpayer was                    
          convicted of conspiracy to operate a lottery between August 5,              
          1966, and February 3, 1967.  The Commissioner computed a                    
          deficiency in Federal income tax based on the average daily gross           
          receipts of the lottery operation on February 2 and 3, 1966,                
          which were projected over the period from April 4, 1966, through            

          12   These figures represent the totals of respondent's primary             
          assertions as to the way income from each search was divided.               
          Generally, respondent has asserted that each petitioner deriving            
          income from a search received an equal amount of income.  In                
          several instances, respondent has suggested alternative ways of             
          allocating the proceeds; e.g. fewer individuals receiving larger            
          amounts of income.  Thus, depending on what the Court decides as            
          to each search, the total annual receipts for any one of                    
          petitioners could exceed that amount shown above.                           



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