Theron R. Livingston, Sr. - Page 6




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          to run concurrently with a 70-month sentence on the drug-related              
          count.                                                                        
               In the plea agreement, petitioner husband agreed that “the               
          amount of additional income attributable to * * * [petitioner                 
          husband] in 1990 is $63,610 and the additional amount of tax owed             
          to the United States is $20,659”.                                             
               The statement of facts in the criminal proceeding contained              
          a summary of the net worth analysis (hereinafter referred to as               
          the criminal net worth computation), as follows:                              
          Particulars           12/31/89     12/31/90     12/31/91                      
          Total assets               1$7,445      2$82,791      $86,643                 
          Less: Total liabilities      2,600         6,100        6,100                 
          Net worth                    4,845        76,691       80,543                 
          Less: Prior years             -0-          4,845       76,691                 
          net worth                                                                     
          Increase in net worth        4,845        71,846        3,852                 
          Plus: Expenditures         316,511       418,591       35,337                 
          Less: Deductions            56,000       627,412       19,858                 
          Corrected taxable           15,356        63,025       19,331                 
          income                                                                        
          Reported taxable income       -0-          (585)        1,091                 
          Understatement              15,356        63,610       18,240                 
               1 This amount comprises a $608 checking account balance and the 1984 BMW.
               2  This amount comprises a $423 checking account, the 1984 BMW and the 1988
          Alfa Romeo Milano, and “investments” of $65,000 in a music shop, Steady Beat  
          Records.                                                                      
               3 This amount comprises personal living expenses of $13,477, including   
          expenditures made jointly by petitioner husband and petitioner wife, as well as an
          item characterized as “non-deductible personal loss 1983 Maxima” in the amount of
          $3,034.                                                                       
               4 This amount comprises of personal living expenses, income taxes paid, and
          Social Security taxes paid.                                                   
               5 This amount represents personal exemptions.                            
               6 This amount comprises $12,356 of wages for petitioner wife, $6,856 for 
          petitioners’ settlement of their injury claims from the automobile accident, and
          $8,200 for personal exemptions.                                               





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