- 11 - cash used to make payments in any of the subject years.3 Accordingly, petitioners have failed to show error in respondent’s reconstruction of their taxable income. As best we can discern, petitioners’ primary defense seems to be that they believed that their guilty pleas to tax evasion with respect to taxable year 1990 would relieve them of civil tax liability for all the subject years. Petitioners’ misapprehensions in this regard afford no basis for relief. In any event, the judgments in Lesely’s and Aljournia’s respective criminal cases explicitly state that full restitution was not ordered in the criminal proceedings because restitution “will be handled under civil means”. Accordingly, we sustain respondent’s determinations as to petitioners’ unreported taxable income. 2. Self-Employment Tax Section 1401 provides that a tax shall be imposed on the self-employment income of every individual. Petitioners have the burden of proving that they are not liable for self- employment taxes. See Rule 142(a). Petitioners failed to offer 3 Aljournia Moore testified that during the search of petitioners’ residence in 1994, North Carolina law enforcement officers seized, among other things, a “bag of buffalo nickels” given to her by her grandmother. It does not appear, however, that this currency, or other amounts of currency seized from petitioners’ residence or from Moore’s Auto in 1994, were included in respondent’s bank deposits plus cash expenditures analysis for the years at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011