- 23 - Commissioner, 89 T.C. 1280, 1295 (1987); see also Toushin v. Commissioner, T.C. Memo. 1999-171, affd. 223 F.3d 642 (7th Cir. 2000). The $31,667 recognized by Mr. Feinsmith as income for 1983 was mainly attributable to false invoices purchased in 1982. The $52,320 recognized by Mr. Feinsmith as income for 1984 (by way of the second amended return) was almost entirely attributable to false invoices purchased in 1983. Given the fact that the purchase of the false invoices by the corporations and the conversion of the cash by the principals appears to us to have occurred contemporaneously, that income, were it in fact attributable to Mr. Feinsmith’s conversion of cash, as respondent asserts, would have been properly recognized on Mr. Feinsmith’s personal income tax returns for 1982 and 1983, respectively. Moreover, Mr. Feinsmith recognized in income his portion of the full amount of the false invoices which entered into the cost of goods sold deductions. The Court of Appeals for the Second Circuit stated that principals participating in the scheme converted to their personal use only part of the false invoice amounts.9 9 We also note that Mr. Feinsmith indicated explicitly in his affidavits that his recognition of income from the scheme rested on whether he was a Randy Hall shareholder, rather than on whether he personally received cash from the scheme. As he stated in his affidavits: “I did not receive any income as a result of Randy Hall, Inc.’s false deductions for the fiscal year ending January 31, 1981 because I was not a shareholder for any portion of that year.”Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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