James Joseph, Jr. - Page 8




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          whether the amount of unreported income determined by respondent            
          is excessive.2                                                              
               3.   Unreported Receipts From Tax Preparation Business                 
               Petitioner contends that he reported all of the receipts               
          shown on the bank records for his tax preparation business.  We             
          disagree based on the responses to respondent’s survey.                     
               Petitioner contends that he prepared fewer than 395 returns            
          for each year in issue.  We disagree because petitioner’s return            
          preparer number appears on 700 or more returns for each year in             
          issue.  Petitioner contends that his return preparer number                 
          appeared on more than one income tax return for each client for a           
          given tax year.  There is no evidence supporting petitioner’s               
          position.  He offered in evidence a computer printout entitled              
          “1992 Preparer Fee Reconcilement”, which petitioner testified was           
          a printout of what the bank told him was money the bank deposited           
          in his account in 1992; about 350 2-inch by 8-inch strips of                
          paper entitled “Refund Anticipation Loan, 1992 Tax Year, Tax                
          Preparer’s Receipt” with a check number, Social Security number,            
          name, and address of a taxpayer on each strip; and 25 client                


               2  Petitioner contends that respondent bears the burden of             
          proof but does not state the grounds for this contention.  The              
          examination began before July 22, 1998.  Sec. 7491 applies to               
          court proceedings arising in connection with examinations                   
          beginning after July 22, 1998.  Internal Revenue Service                    
          Restructuring & Reform Act of 1998, Pub. L. 105-206, sec.                   
          3001(a), 112 Stat. 726.  Thus, sec. 7491(a) does not apply, and             
          petitioner bears the burden of proof on all issues in this case.            
          Rule 142(a)(1).                                                             




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