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Petitioner's ComputationRespondent's Computation
Gross pounds of marijuana sold to Mr. Erickson37,000 37,000
Net pounds of marijuana 32,000 32,000
Pounds of marijuana returned (7,000) (7,000)
25,000 25,000
Split 33% 50%
Petitioner's share 8,333 12,500
Sale price per pound $280 $280
Gross receipts $2,333,240 $3,500,000
Math error ($840) --
$2,332,240 $3,500,000
Advance from Coco Joe $95,000 --
Petitioner's gross receipts $2,427,400 $3,500,000
Petitioner's share of marijuana$8,330 $12,500.00
Cost per pound ($80) ($27.36)
($666,400) ($342,000)
Petitioner's gross profit $1,761,000 $3,158,000
Amount paid to Nelson ($250,000) --
Amount paid to Bonalewicz($250,000) --
Amount paid to boat captain($500,000) --
Amount paid to unloaders($250,000) --
Amount paid for dock ($250,000) --
($1,500,000) --
50% 50%
Petitioner's share ($750,000) --
Amount paid for prior transaction ("Hot Tubs)($550,000) --
Amount unpaid by purchaser ("Erickson Owes") ($758,000)--
50% 50% --
($379,000)
Driver, Detroit to NY ($50,000) --
Scales ($10,000) --
Planes ($12,500) --
Conveyor belts ($6,700) --
($79,200) --
($1,758,200) --
Petitioner's net profit $2,800 $3,158,000
We agree with respondent's calculation of petitioner's
unreported income. First, petitioner has not satisfied his
burden of proving that he and his coconspirators paid $80
per pound for the marijuana, rather than $16 as determined
by respondent. The only evidence that petitioner presented
to support his position is Mr. Nelson's testimony that the
cost of the marijuana may have been as much as $80 per
pound. We found Mr. Nelson's testimony in this regard to
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