Bobby E. Welch - Page 12

                                       - 12 -                                         
          were the source of petitioner's unexplained deposits for any of             
          the years in question.  Even accepting the alleged unusual                  
          business habits of both, we cannot accept that some $700,000 in             
          loans exchanged hands.  It is clear that funds did flow between             
          Mr. Zurn and petitioner, but it is also clear that petitioner               
          performed services for Mr. Zurn.  We do not know the reasons for            
          many of the transfers.  At least in the case of the funds                   
          involved on the so-called Lot 2160 transaction, while we do not             
          know details of the transaction, it certainly appears that from             
          petitioner's position some type of taxable transaction took place           
          and that transaction was not reported on petitioner's tax return.           
          While it may be that Mr. Zurn did lend petitioner money, the                
          paucity of records of both Mr. Zurn and petitioner makes it                 
          impossible to separate the possible wheat from the definite chaff           
          in the transfers of funds between the two.  Accordingly, we                 
          sustain respondent's determinations based on the bank deposit               
          analyses for all the years at issue.10                                      
          The Accommodation Deposits                                                  
               During 1987 through 1989, Mr. Zurn and petitioner were                 
          engaged in some type of an alleged export activity under the name           


               10  There are other peculiarities.  For example, the gross             
          income on petitioner's 1986 Schedule C reflects $751,169 and a              
          net profit of $7,713.  In an income statement prepared by Mr.               
          Moore for the first 9 months of 1986, petitioner's gross income             
          was shown to be $853,122 with a net profit of $108,058.  While              
          Mr. Moore prepared the income statement, he did not prepare the             
          1986 tax return.                                                            




Page:  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