- 14 - fact been reported, or (3) that the unreported income identified by respondent was somehow tax exempt.11 Agent Oertel obtained additional information of unreported income for 1988 and 1989 after the notice of deficiency was mailed. With respect to 1988 and 1989, respondent established that petitioner had unreported income of $96,531.82 and $56,410.96, respectively, but had only determined in the notice of deficiency unreported income of $93,374 and $52,543, respectively. Respondent does not seek to increase the amount 11Instead of addressing the unreported income issues identified by respondent, petitioner attempted (unsuccessfully) to elicit testimony from the computer equipment purchasers that the purchased equipment may have belonged to a Mr. Hu, rather than to petitioner or PAC. According to the testimony, Mr. Hu was a former employee of PAC who spoke little English and assisted petitioner in assembling and repairing computers. The witnesses all testified that they bought the equipment from PAC’s store, received a PAC receipt, and dealt only with petitioner. Petitioner offered no evidence that Mr. Hu owned the equipment, and he failed to explain how Mr. Hu’s alleged ownership of the equipment would be relevant; after all, the purchase price ended up in petitioner’s bank account. Petitioner also attempted to introduce into evidence an affidavit allegedly signed by Mr. Hu, in which Mr. Hu allegedly took responsibility for the deposit of PAC’s money into petitioner’s bank account. We sustained respondent’s objection to the admission of the affidavit into evidence as hearsay. We also fail to see how the affidavit would be relevant. Even if Mr. Hu made the deposits to petitioner’s bank account, the testimony of the witnesses left no doubt that petitioner was in charge, that petitioner orchestrated the scheme to avoid detection of his unreported income--by requesting cash payments, by requesting that checks be made out in his name or with the payee left blank so that he could insert his name, and by falsely causing indications on the check to reflect loans rather than computer sales--and was fully aware of both the deposits and his failure to report the income.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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