Donald B. Hawksley - Page 11




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          the gift was $21,365, and that the value of the gift at the date            
          of transfer was also $21,365.                                               
               Later that month, on January 22, 1996, petitioner submitted            
          a Federal income tax return (Form 1040) for 1993, which was                 
          executed by Mr. Magness on petitioner’s behalf.  The return                 
          reflected a loss from the sale of petitioner’s interests in the             
          Barrington Park and Southmark/Envicon limited partnerships that             
          respondent had disallowed for 1986.                                         
               On February 27, 1996, respondent’s Problem Resolution Office           
          sent Mr. Peterson a letter regarding petitioner’s amended income            
          tax returns for 1985 and 1986.  The letter included an                      
          itemization of the documents and information that were needed in            
          order to process the amended returns.  The letter also stated, in           
          part, as follows:                                                           
               The over-riding problem throughout the examination                     
               report centers around Mr. Hawksley’s failure to keep                   
               any kind of contemporaneous record of his business                     
               expenses.                                                              
               Another problem is that Mr. Hawksley’s employer                        
               provided a copy of a reimbursement policy, which                       
               indicated he could have been reimbursed for certain                    
               travel, entertainment, and moving expenses, had he                     
               applied for same in advance.                                           
               The examiner’s conclusion * * * that all of Mr.                        
               Hawksley’s documentation lost validity and confidence                  
               was based on a two-fold observation: 1) The                            
               documentation provided during the course of the                        
               examination was apparently not what was used to prepare                
               the original return, as there were large discrepancies                 
               between amounts presented to our examiner and those                    
               reported on the return; AND 2) Taxpayer’s inability to                 
               provide substantiation for one entire expense item--                   





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