Daniel F. Layman, III - Page 14




                                       - 14 -                                         
          son's graduation and one for $350 for the support of his wife and           
          their two youngest children.                                                
               During calendar year 1993, petitioner received taxable wages           
          in the amount of $18,202 and taxable unemployment compensation in           
          the amount of $4,810.  During calendar year 1993, petitioner made           
          seven wire transfers to Peggy Layman totaling $2,700 for the                
          support of his wife and their two youngest children.                        
          Consequently, petitioner provided a substantial portion of the              
          net income for the benefit of Peggy Layman and their dependent              
          children during 1991, 1992, and 1993.                                       
               Respondent also alleges that the fluctuation in the amounts            
          petitioner sent to his former spouse for her support and the                
          support of their children in 1991, 1992, and 1993, is further               
          indication that petitioner acted as though he were solely                   
          entitled to the income.  Respondent places too much emphasis on             
          the fact that petitioner determined the amount of money, if any,            
          that he would send to Peggy Layman for her support and the                  
          support of their children.  Petitioner consistently sent funds to           
          his wife throughout 1991, 1992, and 1993.  Petitioner sent Peggy            
          Layman 15 wire transfers in 1991 throughout 9 months, 24 wire               
          transfers in 1992 throughout all 12 months, and 7 wire transfers            
          in 1993 during the first 3 months of 1993.                                  
               During 1991, petitioner sent Peggy Layman $3,450 in January,           
          $2,200 in February, and $1,500 in April; from August through                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011