- 12 - receipts into the AT #3 account, the Society National Bank account, the Huntington Bank account, and the Independent Savings Bank account. These deposits totaled $112,531.56. We conclude that deposits into these accounts constitute income to petitioner in 1988. After reducing the deposits by the $50,000 petitioner reported on his tax return, petitioner had $62,531.56 in unreported income from medical services in 1988. B. Rental Income Respondent contends that petitioner received rental income in the amounts of $1,763, $4,195, $3,960, and $3,125 in 1985, 1986, 1987, and 1988, respectively. Petitioner contends that he received rental payments as an agent. Section 61(a)(5) includes in gross income all income from the rental of property. Ms. Alshabani testified that she rented property from petitioner and made rental payments to him. Other renters made their checks payable to petitioner. Petitioner endorsed these checks. Petitioner presented no evidence that he paid over any of the money he received as rent to the "principals" for whom he was supposedly acting as an agent. Furthermore, it was not until May of 1989, well after the IRS began investigating petitioner and petitioner's father had died, that tax returns were filed reporting that the rental income belonged to petitioner's father. Although Ms. Alshabani testified that she rented property from petitioner and paid him rent, there is no evidence of thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011