Robert B. Kemp, Jr. - Page 6

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          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 and            









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