Estate of Frank Johnson - Page 123




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               Petitioners contend that Frank and Katherine did not have              
          any likely source for the unreported income in the amounts                  
          determined by respondent.  Petitioners assert that Frank was                
          retired and seriously ill for all of the years in issue, and his            
          only source of income was Social Security benefits.  Petitioners            
          further assert that Katherine’s palmistry business could not have           
          generated the substantial receipts needed to produce the                    
          unreported income calculated by respondent for the years in                 
          issue.  They maintain that she was seriously ill much of that               
          period, and she was retired between January 1986 and August 1990            
          during which period her only income was Social Security benefits.           
          They further maintain that Frank accurately reported his gambling           
          winnings.  As for the loan applications, petitioners argue that             
          the applications were prepared by third parties, and that there             
          is no documentary evidence to support the claim that Frank worked           
          as a real estate broker for the years in issue.                             
               We believe that petitioners paint an overly dramatic picture           
          of Frank’s and Katherine’s health conditions for the years in               
          issue.  In our opinion, the record does not show that Frank and             
          Katherine were too ill to conduct the activities that would                 
          generate income from two of the likely sources identified by                
          respondent (i.e., palmistry and gambling), and we have made                 
          findings that they did conduct those activities during the years            
          in issue.  The testimony of Dr. Kerry M. Schwartz, M.D. (Dr.                






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