- 8 - $127,504.82 and made payable to Fidelity National Title, apparently the escrow agent for the purchase of 7373 Wells Avenue, and a second cashier’s check was for $47,495.18 and made payable to petitioner. On June 11, 1990, petitioner deposited the second cashier’s check for $47,495.18 and the $25,000 cashier’s check purchased with the funds received from Mr. Viviano into Bank of Milpitas account No. 512-001-300466. During the years at issue, petitioner conducted an unincorporated business from the 7373 Wells Avenue location named Newark Truck and Body (Newark T&B).7 Newark T&B was engaged in the business of truck repair for petitioner’s related businesses and for unrelated third parties. Petitioner was the sole owner of Newark T&B. Newark T&B had its own invoices and business cards. Newark T&B performed truck repairs work for which it received remuneration. Petitioner maintained a bank account at the Bank of Milpitas, account No. 512-001-300466, in the name of “George A. Maciel c/o Newark Truck & Body”. Petitioner garnered significant funds from the Newark T&B activity.8 Petitioner did not report any of the moneys that Newark T&B received for repair services on his 1990, 1991, or 7Petitioner initially characterized Newark T&B as an “activity”. At trial, petitioner admitted this “activity” was a business. 8On brief, petitioner concedes that total deposits attributable to Newark T&B for the 3-year period were $123,953.77.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011