U.R. Neely - Page 8




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               Over the course of 1992, petitioner’s company made cash                
          payments of $19,985 to Mr. Cook, $21,694 to Mr. Baker, and                  
          $15,414 to Mr. Page.  The payments were not included in the                 
          appropriate employment tax returns.  Petitioner, however, was not           
          aware in signing the returns that the payments to the workers had           
          been omitted.                                                               
          Petitioner’s Individual Income Tax Return                                   
               During the review of his 1992 individual income tax return             
          with Mr. Messmer, petitioner informed Mr. Messmer that he had not           
          received all of the amounts which were reflected on the company             
          accounts as his personal draw.  After further investigation, Mr.            
          Messmer became aware that the payments coded as petitioner’s                
          personal draw included the cash payments made to the workers.               
          Mr. Messmer therefore made an adjusting entry to petitioner’s               
          draw account by subtracting the cash payments to the workers and            
          adding those payments to the labor expense account under cost of            
          goods sold.  Petitioner's 1992 individual income tax return was             
          selected for examination in 1995.  In the course of the                     
          examination, the revenue agent noticed that the cost of goods               
          sold reported by petitioner varied from the figure carried on the           
          company’s books by $57,000.  Petitioner initially did not know              
          the reason for the discrepancy, but he later informed the revenue           
          agent that the discrepancy was attributable to the cash payments            
          made to the workers.                                                        






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