Luis Acle, Jr. - Page 8

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          25, 1998.  Although PSEG Global’s records reflect payments to               
          petitioner in 1998 totaling $159,629, PSEG Global issued                    
          petitioner a Form 1099-MISC on which it reported payments to                
          petitioner totaling $168,598 during that year.  Petitioner ceased           
          working on behalf of PSEG Global in 1999.                                   
               During 1998, petitioner maintained at least two bank accounts          
          in the United States.  The first was maintained under the name of           
          OU at Wells Fargo Bank, and the second was maintained under the             
          names of petitioner and M. Cristina A Robles at Home Savings of             
          America.  Amounts totaling $269,767 were deposited into the first           
          account, and $55,389 was deposited into the second account.1                
               Petitioner filed a Schedule C, Profit or Loss From Business,           
          with his Federal income tax return for taxable year 1998.  This             
          schedule named petitioner as the proprietor of a business engaged           
          in “international business consulting”.   The schedule listed the           
          name of the business as “NAFTA”, and it provided an address in              
          Mexico City.  Neither party addressed the use of petitioner’s               
          corporation’s name on the Schedule C.  Based on petitioner’s                
          testimony and other evidence in the record, we conclude that the            


          1The total deposit amounts are those reflected in the bank                  
          deposit summaries prepared by respondent.  Respondent calculated            
          the amount of the deposits using the account statements provided            
          by petitioner.  Several of these statements were not available,             
          leaving gaps of approximately 2 weeks with respect to Wells Fargo           
          Bank and approximately 6 weeks with respect to Home Savings of              
          America.  Respondent based his determination solely on the time             
          periods for which bank statements were available.                           





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