Harold Wapnick - Page 18




                                       - 18 -                                         
          he did not own Macar Service Corp.; and Ruth Wapnick bought Oxus            
          Taxi, Inc. in 1986.  We disagree.  There is no evidence                     
          corroborating his assertions.  He did not call his wife or sons             
          as witnesses.  We conclude that the 13 corporations were shams,             
          and we disregard them for tax purposes.                                     
               Petitioner contends that the interest income paid to Oxus              
          Taxi, Inc. is not taxable to him because his wife reported all of           
          it.  We disagree.  After the criminal investigation began,                  
          petitioner’s wife filed an income tax return on which she                   
          reported a gain on the 1988 sale of Oxus Taxi, Inc., stock.                 
          There is no evidence that she reported any interest income paid             
          to Oxus Taxi, Inc. in the years in issue.  Petitioner has not               
          carried his burden of proving that he is not taxable for income             
          generated in the name of Oxus Taxi, Inc., in the years in issue.            
               We conclude that petitioner is taxable on income that he               
          received from cashing checks, and on the interest and capital               
          gains with respect to the $400,000 and $600,000 U.S. Treasury               
          notes.                                                                      
               2.   Income From Loans                                                 
               Petitioner contends that he had no income from lending money           
          because many of the loans he made were not repaid.  A taxpayer              
          may deduct a bad debt in the year it becomes wholly or partially            
          worthless.  Sec. 166(a)(1) and (2); sec. 1.166-2(a), Income Tax             








Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011