- 64 - petitioner’s line of credit account that had been included [in] MZ Trading Company’s 1993 partnership taxable income.”19 We shall not allow petitioner to change on brief the purpose for which he offered Mr. Oliveras’ summary at the further trial in this case. Even if we were to admit Mr. Oliveras’ summary into the record for the truth of its contents, that summary does not establish as facts what petitioner contends it establishes. Petitioner relies on the following statements of Mr. Oliveras that appear at the bottom of the second page of Mr. Oliveras’ summary: “The bank deposit analysis reflects less deposits than the gross receipts reported on the return. This is an indication of receipts being shifted to other accounts or kept on hand by * * * [MZ Trading]”. According to petitioner, the foregoing statements establish that certain deposits into one or more of petitioner’s accounts were included in MZ Trading’s taxable income for 1993. We disagree. The statements of Mr. Oliveras on which petitioner relies show only that Mr. Oliveras believed that, because the bank deposits analysis that he performed for 1993 with respect to MZ Trading showed less deposits of MZ 19On brief, petitioner also relies on Mr. Oliveras’ summary in order to support petitioner’s contention that during 1993 he made a capital contribution of approximately $38,000 to MZ Trading. Mr. Oliveras’ summary does not support petitioner’s contention. Mr. Oliveras’ summary identifies two amounts, i.e., $36,279 and $14,000, as capital contributions. That summary does not identify who made such capital contributions or when such capital contributions were made. Even if we were to admit Mr. Oliveras’ summary into the record for the truth of its contents, that summary does not establish that during 1993 petitioner made a capital contribution of approximately $38,000 to MZ Trading.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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