Lesely J. and Aljournia Moore - Page 3




                                        - 3 -                                         
                                  FINDINGS OF FACT                                    
               The parties have stipulated some of the facts, which we                
          incorporate herein by this reference.                                       
          Petitioners                                                                 
               When they filed their petition, petitioners were married and           
          resided in New Bern, North Carolina.  Petitioners filed joint               
          Federal income tax returns for all of the subject years.                    
          Petitioners’ Businesses                                                     
               During the years at issue, petitioners operated two                    
          businesses:  A grocery store known as Shop E-Z Mart and an                  
          automobile dealership known as Moore’s Auto Sales (Moore’s Auto).           
          Petitioner Aljournia Moore (Aljournia) primarily operated Shop E-           
          Z Mart, and petitioner Lesely Moore (Lesely) primarily operated             
          Moore’s Auto.                                                               
               Petitioners maintained a bank account for Shop E-Z Mart                
          (Shop E-Z Mart account) and a bank account for Moore’s Auto                 
          (Moore’s Auto account) at Wachovia Bank.  During the subject                
          years, petitioners deposited into the respective accounts                   
          maintained for those businesses all income that they received               
          from Shop E-Z Mart and Moore’s Auto.  The deposits into those               
          accounts were as follows:                                                   











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