Michael A. and Karyn E. Schmitt - Page 12

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          the winter 1992 course into the account at World Savings.                   
          Rather, he deposited the $30,000 into the Sanwa account and did             
          not transfer any money from Sanwa to World Savings.                         
          Consequently, the $30,000 tuition from the winter 1992 guaranteed           
          course was not held in trust in the World Savings account.                  
          Petitioner also continued to pay refunds to failing students from           
          the Sanwa account during 1990 and 1991.  He did not withdraw                
          money from the account when students passed the bar examination             
          and, under his argument, he would have been entitled to the                 
          tuition.  In fact, petitioner did not make any withdrawals from             
          the World Savings account until 1994.  Petitioner’s actions in              
          connection with the World Savings account and his treatment of              
          the tuition are entirely inconsistent with his claim that he held           
          the tuition payments in trust at World Savings.  He did not place           
          the $30,000 of guaranteed tuition in an escrow or trust account.            
          Rather, he placed all of the tuition into the Sanwa account and             
          spent the tuition to pay operating expenses of the review                   
          courses.  We hold that petitioner had actual receipt of the money           
          upon deposit.  Accordingly, petitioner must report the tuition as           
          income in 1991.                                                             
               Petitioner contends that before 1990, he reported the                  
          tuition from the guaranteed course as Schedule C gross receipts             
          in the year the tuition was paid by the students.  Petitioner               
          maintains that in 1990, he opened a trust account at World                  





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