Joseph A. and Carol DelVecchio - Page 15




                                       - 15 -                                         
          account to determine bank charges deducted on the Schedules C.              
          Joseph had in his possession, and used, source documents that, we           
          assume, accurately recorded Monterey’s income and expenses.  The            
          gross discrepancies between entries on the Schedules C and the              
          amended Schedules C convince us that Joseph did not make                    
          inadvertent mistakes in completing the Schedules C.  We infer               
          from the ready availability to Joseph of accurate information,              
          which he failed to use, a willful attempt by him to avoid his               
          obligation correctly to state his net income from Monterey.                 
                    4.  Withdrawals of Funds From Monterey                            
               On the amended Schedules C, petitioners reported net profits           
          from Monterey of $94,823 and $69,394 for 1987 and 1988,                     
          respectively.  When the noncash expense of depreciation shown on            
          the amended Schedules C is added to such net profits, the                   
          resulting amounts are $112,492 and $79,804, for 1987 and 1988,              
          respectively.  Those amounts coincide with the yearly totals of             
          amounts withdrawn monthly by Joseph from Monterey’s bank account            
          and deposited into interest bearing accounts in his own name.  We           
          consider such transfers to be some evidence that Joseph attempted           
          to conceal Monterey’s income, albeit, ineptly.  More importantly,           
          we consider such transfers evidence that Joseph knew very well,             
          not only on a yearly, but on a monthly, basis what Monterey’s               
          profits were.  Moreover, on the Schedules C, Joseph reported net            
          profits from Monterey of $14,609 and $14,616, for 1987 and 1988,            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011