Investment Research Associates - Page 324




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          light of Gallenberger’s regular practice of record destruction,              
          and the failure to respond to summonses issued by respondent.                
          See United States v. Administrative Enterprises, Inc., 46 F.3d               
          670 (7th Cir. 1995).                                                         
               As to the funds Kanter received from Computer Placement                 
          Services, one of the sources listed above, Mallin testified that             
          Kanter consulted with him and his company and Kanter was paid for            
          those services.  Kanter's summary analysis relating to his                   
          purported repayment of a loan from Computer Placement Services is            
          not supported by any underlying documentation.                               
               Likewise, there is no convincing evidence that the funds                
          received by Kanter from the Administration Co. accounts were                 
          loans.  Again there is insufficient underlying documentation.                
               Accordingly, we hold that Kanter failed to prove that the               
          deposits in question were from nontaxable sources.  Thus we                  
          sustain respondent on this issue.                                            
          Issue 8.  Whether Kanter Received Barter Income From Principal               
          Services in 1988 and 1989                                                    
                                   FINDINGS OF FACT                                    
               In a notice of deficiency, respondent determined that Kanter            
          received and failed to report barter income from Principal                   
          Services of $453,656 in 1988 and $581,530 in 1989.  This                     
          determination was made "in order to protect the revenue".  There             
          was little or no evidence to support the determination at the                
          time the deficiency notice was issued.  The determination was                





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