Pramod and Raj Tandon - Page 8

                                        - 8 -                                         
          bank deposits analysis prepared by their accountant showing that            
          RAJ's 1991 and 1992 returns reflected substantially higher gross            
          receipts than amounts deposited into RAJ's corporate accounts.              
          Petitioners asserted that a large portion of the deposits to                
          their personal accounts represented previously reported amounts             
          on the returns of RAJ.  Apart from the bank deposits analysis               
          prepared by their accountant, petitioners did not provide any               
          substantiation for their claim that a portion of the deposits               
          constituted a distribution with respect to petitioners' stock.              
               The Appeals officer rejected petitioners' assertions                   
          regarding the corporate source of deposits based on the following           
          grounds:  First, RAJ's corporate books and records were                     
          inadequate to establish the corporate gross receipts.  Second,              
          petitioners did not produce the original bank statements on which           
          they relied but rather simply produced a summary statement                  
          prepared by their accountant.  Third, contrary to petitioners'              
          claim that a portion of the deposits represented distributions              
          with respect to their stock, the 1991 and 1992 returns filed by             
          RAJ showed no distributions to petitioners.  Finally, given the             
          inadequacy of RAJ's records concerning the cost of goods sold,              
          there was no evidence that even if a portion of the deposits did            
          represent gross receipts reported by RAJ, such deposits did not             
          in fact represent taxable income to petitioners (for lack of                
          basis in corporate stock).  Respondent's Appeals officer                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011