Friscia Construction, Incorporated, et al. - Page 13




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         only one-half of the unexplained deposits constitutes an item of             
         gross income to Michael Friscia.  See Van Eck v. Commissioner,               
         T.C. Memo. 1995-570.  Accordingly, $2,785 of the deposits into               
         these accounts represents income to Michael Friscia in 1995.                 
              2.   The 533 Account                                                    
              Michael Friscia deposited $20,760 into the 533 account in               
         1995.  Michael Friscia concedes that this entire amount represents           
         wages he earned from Friscia Construction in 1995 and is                     
         reportable by him as income.                                                 
              3.   The 522 Account                                                    
              Michael Friscia deposited $52,199 into the 522 account in               
         1995.  Respondent concedes that Michael Friscia made $17,949 in              
         nontaxable transfers into this account.  Michael Friscia has                 
         established that the following additional deposits into the 522              
         account are not taxable to him:  (i) $12,692 in wages earned by              
         Michelle Friscia, and (ii) $3,000 in nontaxable proceeds from the            
         sale of a truck inherited from his father.  Michael Friscia                  
         concedes that he deposited $18,345 in proceeds from his Mik Mic              
         business and wages from Friscia Corporation into the account.                
         One-half of the remaining $213 (or $107) in unexplained deposits             
         is taxable to Michael Friscia because of his joint interest in the           
         account.  See id.  Accordingly, $18,452 of the deposits into the             
         522 account represents income to Michael Friscia for 1995.                   








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