George Maciel - Page 8

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          $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.                                                                





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