Bill Fred Hamilton and Connie Hamilton - Page 6

                                        - 6 -                                         
          all surrounding facts and circumstances.  See Giddio v.                     
          Commissioner, 54 T.C. 1530, 1533 (1970); Schroeder v.                       
          Commissioner, 40 T.C. 30, 33 (1963).                                        
               Respondent determined that petitioners understated their               
          income for 1988 by $515,993–-the total amount of cash and                   
          cashier’s checks petitioners received in their numerous bank                
          transactions during the year.  In arriving at this determination,           
          respondent used the “specific-item” method to reconstruct                   
          petitioners’ income, relying on evidence of petitioners’ receipt            
          of specific items of reportable income that did not appear on               
          their income tax return.  See United States v. Horton, 526 F.2d             
          884, 886 (5th Cir. 1976); Estate of Beck v. Commissioner, 56 T.C.           
          297, 353 (1971); Seidenfeld v. Commissioner, T.C. Memo. 1995-62.            
               At trial, respondent produced clear and convincing evidence            
          demonstrating that petitioners received $515,993.  Respondent               
          presented the checks, bearing petitioners’ endorsements, that               
          petitioners either deposited or cashed in the transactions at               
          issue.  He also introduced the cash-out tickets from these                  
          transactions that bore petitioners’ names.  Finally, respondent             
          produced testimony from numerous Fidelity bank tellers and                  
          employees that it was Fidelity’s policy in 1988 to require                  
          customers to endorse checks that they presented to be cashed and            
          that it was Fidelity’s policy to give the cash to the last person           
          endorsing the check.  They also testified that when they handed             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011