- 14 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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