- 7 - cash to a customer, they were required to complete a cash-out ticket that listed both the amount given as well as the name of the individual receiving the cash. These witnesses also testified as to their personal knowledge of Mr. Hamilton’s involvement in these transactions.6 We find this evidence to unequivocally demonstrate that petitioners received the amount indicated by respondent. At trial, Mr. Hamilton contended that some of the cash amounts received was used to pay for business expenses. Specifically, Mr. Hamilton claimed that he had receipts showing that a large portion of the cash at issue was used to purchase coal for the account of H&S. Petitioners did not, however, produce the receipts or otherwise present any books, records, or other testimony that would support this assertion. Once the Commissioner has validly reconstructed a taxpayer’s 6 At trial, Mr. Hamilton argued that he never received a significant portion of the cash from the transactions at issue. Rather, he argued that other individuals signed his name to the checks without his permission to avoid certain cashing restrictions and fees imposed on individuals who did not have an account with Fidelity. Further, Mr. Hamilton argued that the bank tellers perjured themselves both in the civil and criminal trials when they testified that he was the one who received the money. Unsurprisingly, petitioner did not produce any testimony (other than his own) or evidence supporting his position at trial. After trial, along with his posttrial brief, Mr. Hamilton submitted two affidavits purportedly taken from individuals involved in several of these transactions to support his contention that he did not receive the funds. His failure to produce the evidence at trial, however, cannot be remedied on brief, as the evidentiary record is closed. See Rule 143(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011