Eugene A. Beck, et al. - Page 23




                                       - 23 -                                         
          that Mr. Beck lost $19,600 in 1991 and $15,700 in 1992, and won             
          $3,200 in 1993.  Mr. Beck, however, did not have gambling losses            
          during the years at issue.  Rather, he had gambling winnings of             
          $1,400 in 1991, $8,300 in 1992, and $12,000 in 1993.  Mr. Beck              
          did not report the gambling winnings on his individual returns or           
          the corporation's returns for the years at issue.  Because he               
          gambled with the corporation's Canadian currency, Mr. Beck                  
          thought that the winnings were taxable to Beck's Liquors.                   
          Therefore, in an attempt to "correct" the omission, he reported             
          $20,000 of gambling winnings on the corporation's 1994 return.              
               The winnings, however, are not the income of Beck's Liquors.           
          Even though Mr. Beck used corporate funds for gambling, the                 
          winnings are Mr. Beck's income and represent his unreported                 
          income in the years at issue.  In computing the income of Beck's            
          Liquors, however, we find that the cash expenditures should not             
          include gambling losses.  Furthermore, the cash winnings                    
          represent a source of cash, and the cash expenditures should be             
          reduced by $1,400 in 1991, $8,300 in 1992, and $12,000 in 1993.             
                         c.  Insurance Payment                                        
               The insurance payment was for the vehicle that was destroyed           
          in the accident in which Mrs. Beck was killed.  The vehicle was             
          owned by Beck's Liquors.  Respondent included insurance proceeds            
          of $6,604 in the gross receipts of Beck's Liquors because,                  
          respondent asserts, there was no business use and Mr. Beck cashed           






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011