Larry Charles Miller - Page 6




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            $6,956.97 in auto insurance proceeds from State Farm Insurance7                            
            and $9,000 in loan repayment proceeds from his sister.8                                    
                  Petitioner has not convinced us that he reported nontaxable                          
            items in gross receipts.  Petitioner testified that he kept a                              
            cash receipts journal and bank statements to determine his gross                           
            receipts.  Petitioner did not provide a copy of his cash receipts                          
            journal or any bank statements to show that nontaxable items were                          
            in fact included in his gross receipts.  Furthermore, petitioner                           
            is a tax lawyer9 who testified that he knows that some items,                              
            particularly repayment of loans, are not includable in gross                               
            income.  In light of petitioner's knowledge of the tax laws and                            
            his experience in preparing tax returns, we do not find his                                
            explanation credible.  Therefore, on the basis of this record, we                          



                  7Petitioner produced a check, drawn on his account, payable                          
            to "Lumpkins" in the amount of $6,956.97.  The check contained a                           
            notation indicating that it was for "car repair/State Farm".                               
            Petitioner testified that he received $6,956.97 from State Farm                            
            Insurance and then paid Lumpkins, an auto repair shop, the exact                           
            same amount.  However, petitioner did not provide a copy of the                            
            draft from State Farm Insurance.                                                           
                  8Petitioner provided a check payable to "Larry Miller                                
            Attorney-at-Law" for $9,000, with the notation, that in part                               
            indicated, that it was for "repayment of loan".  The check was                             
            drawn on the High Fashions' account in Memphis, Tennessee.                                 
            Petitioner testified that his sister issued the check.                                     
                  9Petitioner testified that he has been practicing law since                          
            1985, and, as part of his practice, he prepares tax returns                                
            including Forms 1040 with Schedules C.                                                     






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