Michael J. Downing and Sandra M. Downing - Page 65

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          machine tape--the amount Michael purportedly reported on the                
          Schedule C for that year--was $5,781 more than the amount                   
          actually reported on the Schedule C.  Respondent also points to             
          the fact that Sandra omitted from four of the invoices $8,683               
          when she was calculating the monthly totals.  For 1994,                     
          respondent points to the fact that seven of the Forms 1099 issued           
          to the plumbing business exceeded by $7,941 the amounts listed on           
          their corresponding invoices.  Thus, respondent concludes:                  
          “Petitioners  obviously were not concerned with having an                   
          accurate record of the income from the plumbing business.  Their            
          method of record keeping, or lack thereof, is another badge of              
          fraud for 1994 and 1995.                                                    
               Petitioners reply, on answering brief, as follows:                     
               The volume of records, checks, invoices, bank statement                
               [sic], bank deposit slips, the purchase agreements, the sale           
               agreements, the mortgages, the amortization schedule, the              
               social security statement, the marriage agreement, etc. are            
               a silent testimony as to the efforts that Petitioners have             
               made to accurately determine and substantiate the tax return           
               that was filed.                                                        
          Petitioners concede that Michael understated gross receipts for             
          the plumbing business by $5,781 in 1995; they attribute this                
          understatement to a computational error that occurred when Sandra           
          added together the invoices.  Petitioners argue, however, that              
          because Michael was a cash basis taxpayer, and because they did             
          not receive in 1995 the $8,683 that was listed on the invoices              
          but not included on the adding machine tape, they did not have to           







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