George Maciel - Page 7

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               During 1987 through 1990, Mr. Viviano and petitioner made              
          several short-term loans/advances to Tri-City and Newark                    
          Wreckers.  There were no formal loan agreements created to                  
          evidence these transactions.  The parties followed the practice             
          of immediately repaying themselves when the entities were able,             
          usually within 3 weeks to 3 months.  Petitioner alleges that he             
          has never been repaid at least $56,450 in loans and advances, and           
          he now contends that this amount offsets any gain he realized               
          upon the sale of M&V Investments to Mr. Viviano.                            
          D.   Newark Truck and Body Shop                                             
               With part of the funds secured from Mr. Viviano, in May                
          1990, petitioner purchased land and a vacant building located at            
          7373 Wells Avenue, in Newark, California, from Mr. Guarrusso for            
          $200,000.  Upon receipt of the three cashier’s checks from Mr.              
          Viviano totaling $200,000, petitioner purchased two cashier’s               
          checks made payable to himself, one for $175,000 and the other              
          for $25,000.  On May 16, 1990, petitioner took the $175,000                 
          cashier’s check made payable to himself and purchased two more              
          cashier’s checks.  One of the cashier’s checks was for                      


               6(...continued)                                                        
               The date listed next to petitioner’s signature on his 1990             
          income tax return is Aug. 14, 1991.  The date listed on Tri-                
          City’s 1990 tax return is Dec. 21, 1991.  There is no indication            
          in the record that petitioner filed an amended return for 1990.             
          There is no indication that petitioner has ever reported this               
          sale of his interest.  Petitioner testified that he believed that           
          he had reported the sale.                                                   





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