- 6 - asserted he set aside in an attempt to satisfy reserve requirements relating to employee benefit accounts he managed. Respondent questioned petitioner about whether he had embezzled from First Tennessee five checks made payable to Trust Investment (i.e., representing a relatively small portion of the underreported income in issue). Petitioner failed to report the proceeds from these checks, but respondent did not establish that petitioner embezzled these amounts or intended to evade tax. Respondent further challenged petitioner’s assertion that a portion of the underreported income was attributable to funds petitioner set aside (i.e., into certificates of deposit, municipal bonds, and a cash management fund) in an attempt to satisfy reserve requirements. Petitioner acknowledged that he did not formally set up a reserve account but established that he believed he could defer income on amounts set aside and subsequently report these amounts as income when they were no longer needed to meet reserve requirements. Petitioner’s contention, regarding the reserve account, related to only a portion of petitioner’s underreported income (e.g., petitioner deducted, as returns and allowances, on his returns only the amounts set aside in 1993). Inexplicably, respondent failed to address (i.e., did not question petitioner or his accountant andPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011