Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 35

                                       - 35 -                                         

          on whether petitioners, for the years ended 1984 through 1986,              
          and Mr. Gherman, for the year ended 1987, omitted from income an            
          amount equal to more than 25 percent of the gross income reported           
          on the returns.  We turn now to that issue.                                 
               Unreported Income                                                      
               Petitioners do not deny that Mr. Gherman embezzled money               
          from FIP's clients between 1982 and 1988, but they nevertheless             
          contend that Mr. Gherman did not receive any unreported income,             
          from any source, before calendar year 1988.  Petitioners further            
          contend that Ms. Walters has never received any unreported                  
          income.  Petitioners maintain that respondent has failed to prove           
          unreported income for the years in issue because, they contend,             
          the schedules prepared for the 1988 bankruptcy, such as the Sweep           
          schedule, the family disbursements schedule, and other schedules            
          that indicate amounts purportedly owned by Ms. Walters and other            
          family members, and on which respondent relies to prove                     
          unreported income, are not trustworthy.                                     
               Petitioners contend further that neither Mr. Gherman nor any           
          Gherman family member benefited from the CD scheme.  Petitioners            
          maintain that the Sweep schedule reflects that only $100,000 was            
          payable to a Gherman family member (Ms. Walters).  Petitioners              
          contend further that the family disbursements schedule shows that           
          some of the funds reflected on that schedule were used to pay               
          FIP's operating expenses while other funds were paid out as loans           





Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011