Michael J. Downing and Sandra M. Downing - Page 54

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                    Q  Why were these cash deposits not added into the                
               gross income for 1994 and 1995?                                        
                    A  Because it wasn’t gross income that was earned                 
               during those two tax years.                                            
          Thus, the cited testimony deals with amounts deposited into the             
          bank accounts, and does not tell us anything about cash                     
          expenditures that bypassed the bank accounts.                               
               The parties stipulated that during 1994 “petitioners spent             
          no less than $85 per week on personal grocery expenses, for a               
          total of $4,420.”  Respondent does not contend petitioners spent            
          more than $4,420 on personal grocery expenses.  Petitioners do              
          not contend they spent less.  The parties’ stipulated listing of            
          1994 “personal living expenses which petitioner paid by check”              
          shows only three such payments, totaling $366, under the category           
          “Food”.  Total personal grocery expenses of $4,420, less $366               
          food expenses paid by check, leaves $4,054 grocery expenses paid            
          by cash.  In light of the irrelevance of the only evidence                  
          petitioners rely on for their objection, we conclude that the               
          foregoing constitutes clear and convincing evidence of the                  
          correctness of the 1994 adjustment (supra table 7) on account of            
          personal living expenditures made by cash.                                  
               (b) 1995.--Respondent contends for an adjustment of $11,618;           
          petitioners for an adjustment of $5,600.  Both sides agree that             
          petitioners’ $5,000 cash house downpayment should be included in            
          this adjustment.  For the same reasons we expressed as to 1994,             







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