Skirvin G. Johnson - Page 9




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               Petitioner received income in 1989 in the amounts of                   
          $94,343.16 and $698.23 in interest earned on those funds and                
          failed to report those amounts on his Federal income tax return             
          for 1989.                                                                   
               Petitioner underpaid his Federal income tax for 1989, and              
          the underpayment was due to fraud.                                          
                                       OPINION                                        
               Respondent determined that petitioner had unreported income            
          from funds he embezzled in 1989.  With respect to the deficiency,           
          the burden is upon petitioner to prove that respondent's                    
          determination of unreported income is incorrect.  Nicholas v.               
          Commissioner, 70 T.C. 1057, 1064 (1978).                                    
               Petitioner has not satisfied this burden.  He testified that           
          Johnson McGee was owned by his uncle, who was relocating the                
          Johnson McGee business to the United States from Liberia, and               
          petitioner indicated that the only reason his name was on the               
          Johnson McGee account was because he was assisting his uncle.               
          Petitioner also testified that his uncle was killed attempting to           
          escape from Liberia and that petitioner continued to control the            
          Johnson McGee bank account as the executor of his uncle's estate.           
          This testimony, however, is inconsistent with petitioner's                  
          earlier admission to Sterrett that he was the owner of Johnson              
          McGee and that he used the funds in the Johnson McGee account to            
          repay a loan he illegally procured in 1988.  Petitioner has                 





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