Michael T. Chappell - Page 11




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               1.   Workers’ Compensation                                             
               Petitioner contends that weekly workers’ compensation of               
          $400 which he received from January 1994 to June or July 1995               
          should be excluded from respondent’s bank deposits analysis.  We            
          disagree for the most part.  Petitioner did not show that he                
          deposited all of the workers’ compensation payments in the                  
          Colonial Bank account.  He did not provide bank records for 1994,           
          and his 1995 bank statements show only 3 deposits of $400 (2 in             
          January, 1 in October) and 1 deposit of $800 (in May).  We find             
          that petitioner’s deposits of $400 on January 6 and 18, 1995, are           
          workers’ compensation and therefore should be excluded from gross           
          receipts.  See sec. 104(a)(1).  However, the $400 deposit on                
          October 17, 1995, occurred after petitioner received his final              
          workers’ compensation settlement in August 1995 and is not                  
          workers’ compensation.                                                      
               2.   Purported Loans to Petitioner                                     
               Petitioner contends that an October 1995 deposit of $5,000             
          into his account was a loan from Mrs. Chappell that should be               
          excluded from gross receipts.  We disagree.  Petitioner’s                   
          testimony about the alleged loan was vague.  He did not state who           
          lent the money to him.  Petitioner provided no evidence to                  
          support his claim.  Petitioner offered Exhibit 20-P to show that            
          Mrs. Chappell had lent him money.  We did not admit Exhibit 20-P            
          into evidence because petitioner had not exchanged it before                






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