Bobby E. Welch - Page 14

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               In considering both the deposits from purported loans and              
          the accommodation deposits, we are left with the decided                    
          impression that petitioner is engaged in a shell game.  We have             
          no confidence in petitioner's testimony.  Nonetheless, we do                
          accept Mr. Tallis' testimony that the deposit of January 5, 1989,           
          in the amount of $30,000 was not income to petitioner.  None of             
          the other alleged accommodation deposits were verified by another           
          party, nor is there a clear trail of a withdrawal of the funds.             
          With the exception of the $30,000 January 5, 1989, deposit, we              
          reject petitioner's argument concerning the accommodation                   
          deposits.                                                                   
          Increased Income and Deficiency--1986                                       
               At the close of the evidence respondent orally moved to                
          amend the answer to conform to the evidence and to increase the             
          deficiency by the tax on $5,713 for 1986.  Petitioner objects to            
          the amendment.  We agree with respondent.  See Rule 41(b)(1) and            
          (2).  The evidence underlying respondent's motion was introduced            
          by petitioner on redirect examination for petitioner's own                  
          reasons.  Petitioner's testimony, however, is a double-edge                 
          sword, a cut from which petitioner now seeks to avoid.  In this             
          regard, petitioner does not dispute that the amount involved was            
          not included in respondent's bank deposit analysis, nor does he             
          disavow his testimony that he received cash from the items                  
          deposited.                                                                  






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