Monty Bisceglia and Patricia Bisceglia - Page 27




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          however, did not finish high school, and Jack attended only 3               
          weeks of college.  Neither has any training in business record              
          keeping.  Respondent has failed to show clearly that petitioners’           
          unsatisfactory bookkeeping practices were the result of                     
          fraudulent intent.                                                          
               Respondent also criticizes petitioner’s practice of                    
          submitting a one-page summary of receipts and expenditures to               
          Jack’s accountant, an old friend from Florida, as a basis for               
          preparing petitioners’ tax returns.  The accountant testified               
          credibly, however, that after respondent’s examination commenced,           
          he reviewed certain of petitioners’ records and was able to tie             
          business expenses reported on petitioners’ returns to invoices              
          contained in the records.  We also have taken into account                  
          testimony of respondent’s agent that the 1993 used-car dealership           
          records she examined closely substantiated the income reported on           
          petitioners’ 1993 return and that the construction business                 
          yielded little income.  We further note that respondent’s agent             
          did not examine the records for 1994 and 1995.                              
               Respondent contends that petitioner’s records do not                   
          necessarily reflect off-the-books income that is reflected in the           
          net worth analysis.  Respondent, however, has not demonstrated              
          any specific instances wherein any such income was omitted or               
          wherein the records were otherwise falsified.  Respondent’s                 
          examining agent testified that she believed the unreported income           
          indicated by the net worth analysis was attributable to                     




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Last modified: May 25, 2011