Charles A. McGee - Page 21




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            D.  Interest Income                                                                        
                  Under section 61, interest income is includable in income.                           
            See sec. 61(a)(4).  Respondent determined that during 1987, 1988,                          
            1989, and 1990, petitioner received interest income in amounts                             
            that exceeded what was reflected on his tax returns.  Petitioner                           
            admitted that he did not reflect interest income received from                             
            Faust Daniels for the 1988 and 1989 tax years.  Petitioner,                                
            however, alleged that some of the interest income that he failed                           
            to reflect was actually included in the gross receipts of his law                          
            practice.  Petitioner further alleged that his secretary                                   
            inadvertently included the entire payment--principal and                                   
            interest--as taxable income, and therefore his income was                                  
            overstated.                                                                                
                  As an initial matter, we note that petitioner has failed to                          
            present any evidence that interest income was actually reported                            
            on Schedule C.  If, however, interest income was reported on                               
            Schedule C, a separate adjustment for interest income could                                
            result in petitioner’s being taxed twice on the same income.                               
            Respondent’s method of computing petitioner’s correct Schedule C                           
            income, however, eliminated the possibility of such duplication                            
            by subtracting interest income from the computation of law                                 
            practice income.  We further note that the only evidence that                              
            both principal and interest were included in taxable income is                             








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