Sam and Anna Zhadanov, et al. - Page 34




                                       - 34 -                                         
          cash.  We are not convinced that such control, without some                 
          evidence that the Zhadanovs intended to appropriate the cash for            
          personal use or actually used it for personal purposes, is enough           
          to counter the evidence in the record supporting the Zhadanovs’             
          argument that they held the cash on behalf of Vortex.                       
               Obviously, the Zhadanovs did not use any of the diverted               
          cash for personal purposes because all of the diverted cash at              
          issue in this case was in the safe when it was seized by the                
          Government agents.  The record contains no evidence that the                
          Zhadanovs lived a lavish lifestyle inconsistent with their                  
          reported income.  In fact, although respondent used indirect                
          methods to reconstruct the Zhadanovs’ income before he issued the           
          notices of deficiency in this case, respondent did not rely on              
          those analyses, opting instead to treat the seized cash, to the             
          extent recorded in the cash receipts journal, as the unreported             
          income.  Although there is evidence in the record that the                  
          Zhadanovs used cash from time to time to pay expenses, the                  
          expenses in question appear to have been Vortex’s expenses, not             
          personal expenses of the Zhadanovs.                                         
               Respondent attempts to bolster his argument by pointing to             
          evidence that the Zhadanovs opened a Swiss bank account into                
          which they deposited $300,000 over the course of a year and that            
          the Zhadanovs cashed $12,000 of money orders given in payment of            
          plastic vials and used a portion of the funds to pay travel                 






Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011