- 19 - nontaxable. The only contested deposit that respondent did not deduct as a nontaxable item was a $3,000 payment from Mr. Sowards’s “client trust” bank account to his wife.21 The check to Ms. Sowards states “paralegal service” on the memo line. Given the fact that this check is from another account related to Mr. Sowards’s law practice ostensibly payable to his wife for paralegal services and Mr. Sowards admitted that he falsely reported his income on a Schedule C for a fabricated organizational consulting business in his wife’s name, it can be inferred that this check represents legal fees earned by Mr. Sowards which were diverted to his wife. On the basis of the entire record, including Mr. Sowards’s consistent failure to report income from STL (see infra), we find there is clear and convincing evidence that petitioners had additional taxable income of $7,275 in 1997.22 21Apparently, in addition to a law firm “operating” bank account, which was the subject of the 1997 bank deposits analysis, Mr. Sowards maintained a “client trust” bank account. Check no. 142 made payable to petitioner “Marilyn Sowards” dated Dec. 13, 1997, for $3,000, was drawn against an account at U.S. Bank, account No. 9280006496, which was held in the name of “Ray Sowards Atty. Attorney Client Trust Account”. 22The amount respondent determined in the notice of deficiency as additional, unreported income is $7,725. However, on brief, respondent lists the amount as $7,275. It appears that the amount stated in the notice of deficiency suffers from a scrivener’s error. The total amount deposited into this bank account in 1997 was $43,557.37. Respondent identified and subtracted nontaxable items of $12,707. The difference results in net taxable deposits of $30,850.37. Petitioners reported (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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