Fortunato J. Mendes - Page 5

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               Petitioner was a lawyer for 20 years.  He was disbarred on             
          October 23, 1991, as a result of his convictions.                           
               Petitioner paid no taxes and filed no return for the audit             
          year before the issuance of the notice.  The additions to gross             
          income set forth in the notice were reported on information                 
          returns (Forms 1099 or, in the case of Merrill Lynch Pierce                 
          Fenner & Smith, Inc. (Merrill Lynch), an equivalent tax reporting           
          statement) as follows:                                                      
               Payor                Classification           Amount                   
          Merrill Lynch           Short-term capital gain1       $27,573              
          Bank of New York        Short-term capital gain1         2,802              
          First Investors Tax     Interest                           259              
          Exempt Fund                                                                 
          Sovran Bank, NA         Interest                          138               
          Commonwealth Savings    Interest                            5               
          & Loan                                                                      
          Merrill Lynch           Dividends                          540              
          Raytheon Co.            Dividends                            8              
          National Bank of        Gross distribution from         9,022               
          Washington              retirement account                                  
          Total                                                  40,347               
               1  The $27,573 was reported by Merrill Lynch as “gross1                                                                     
          proceeds from dispositions of securities”.  Although the                    
          information return from Bank of New York is not in evidence, we             
          assume it does the same with respect to the $2,802.  On the 1988            
          return, petitioner reported both amounts as short-term capital              
          gain; i.e., he failed to report other than a zero basis for                 
          either the IBM stock sold by Merrill Lynch or the security sold             
          by Bank of New York.                                                        
               On or about May 14, 1997, more than 2 years after the notice           
          was issued, petitioner filed the 1988 return.  On Schedules B,              









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