- 41 - with a transaction date after Mr. Gherman fled the country. We are not persuaded that either Mr. Gherman or Ms. Walters exercised any dominion or control over those funds. We further reduce the net amounts reflected on the CD schedule by the purported interest paid to CD participants. Those payments also appear to be an integral part of the CD scheme and helped to perpetuate the fraud and are accordingly treated as an expense of the illegal activity. Additionally, we reduce the net amounts reflected on the CD schedule by amounts that we believe petitioners already included in income in the form of Form W-2 wages from FIP. FIP paid wages to Mr. Gherman for all of the years in issue and to Ms. Walters for year ended 1984, which petitioners reported on their tax returns. A portion of the wages paid to petitioners by FIP would have been paid from gross receipts. For each of the years in issue, however, FIP operated at a loss. Mr. Gherman used a portion of the embezzled moneys to fund FIP's operations, including petitioners' salaries. Consequently, for each year we reduce the net amount embezzled by the lesser of the Form W-2 wages reported on the return or FIP's reported net operating loss. Accordingly, we hold that the unreported income (rounded) for the years in issue is as follows:Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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