Daniel F. Layman, III - Page 13




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          by petitioner during any of the 3 years in this case.  Respondent           
          has not cited any instance in which petitioner actually exercised           
          control over the funds he transferred.  Rather, during 1991 and             
          1992 Peggy Layman exercised sole dominion and control over the              
          funds transferred to the joint account in Conifer, Colorado.                
          Furthermore, when Peggy Layman moved to West Virginia in 1992,              
          she opened her bank account without petitioner having any                   
          interest in the account.                                                    
               Moreover, the record is replete with evidence that                     
          petitioner did not act as if he were solely entitled to the                 
          income in 1991, 1992, and 1993.  During 1991, 1992, and 1993,               
          petitioner provided substantial income for the benefit of the               
          marital community.  Petitioner transferred substantial funds to             
          his wife for her support and the support of their three youngest            
          children in 1991 and in 1992.  During calendar year 1991,                   
          petitioner received taxable wages in the amount of $35,235.                 
          During calendar year 1991, petitioner made 15 separate wire                 
          transfers to Peggy Layman totaling $10,800.  In addition,                   
          petitioner sent two checks to Peggy Layman during calendar year             
          1991, totaling $700.  During calendar year 1992, petitioner                 
          received taxable wages in the amount of $60,414.  During calendar           
          year 1992, petitioner made 24 separate wire transfers to Peggy              
          Layman totaling $10,915.  In addition, petitioner sent two checks           
          to Peggy Layman during calendar year 1992, one for $600 for his             






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