Michael J. Downing and Sandra M. Downing - Page 52

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          Respondent further subtracts $66,412 (business checks--$65,014              
          plus $1,200 plus $198) and $4,217 (credit cards), totaling                  
          $70,629.  Petitioners contend that $82,576 business expenditures            
          was made by checks and credit cards.  Thus, the difference                  
          between the parties on this matter is accounted for entirely by             
          the differences in their contentions as to business expenditures            
          made by check and business expenditures made by credit card.                
               Respondent’s numbers on these two items are the numbers that           
          the parties stipulated, adjusted to include respondent’s                    
          postbriefs concessions.  Supra note 24.  As we noted in                     
          discussing the 1994 cash business expenditures, the parties are             
          bound by their stipulations, and we hold that respondent has                
          established by clear and convincing evidence the correctness of             
          the 1995 adjustment (supra table 8) on account of business                  
          expenditures made by cash.                                                  
               (7)  Personal Living Expenditures--Cash                                
               Respondent contends that, to the extent petitioners made               
          personal living expenditures in cash that did not go through the            
          bank accounts, petitioners had sources of income in addition to             
          the amounts they deposited into the bank accounts.  Petitioners             
          contend (1) respondent included certain cash expenditures in this           
          category that are not personal living expenditures, and (2)                 
          respondent included certain expenditures in this category that              
          are not cash expenditures.                                                  







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