George Maciel - Page 29

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               2.   Petitioner’s Adjustments to Unreported Income                     
                    Determined by Bank Deposits                                       
               In attacking respondent’s income reconstruction, generally,            
          petitioner argues that he is entitled to adjustments for                    
          unclaimed deductions of expenses and unreimbursed loans/advances            
          with respect to his various business activities.33  He contends             
          that these unclaimed adjustments substantially offset the income            
          that respondent reconstructed.                                              
                    (a) Petitioner’s Alleged Loans/Advances                           
               Petitioner argues that one of the primary adjustments to the           
          amount of reconstructed income is unreimbursed loans/advances               
          that he made to Alviso and GMT.34                                           
               Petitioner alleges that when he deposited insurance refund             
          checks payable to Alviso and GMT into his personal bank accounts,           
          he transferred portions of those refunds back to those                      
          corporations.  While this is true, as far as it goes, petitioner            

               33“[I]t is well settled– ‘that evidence of unexplained                 
          receipts shifts to the taxpayer the burden of coming forward with           
          evidence as to the amount of offsetting expenses, if any.’”                 
          Franklin v. Commissioner, T.C. Memo. 1993-184 (quoting Siravo v.            
          United States, 377 F.2d 469, 473 (1st Cir. 1967)).                          
               34However, it appears he was reimbursed for many of these              
          alleged loans.  For example, compare petitioner’s check No. 1086            
          from Bank of Milpitas, account No. 512-001-200593, dated Dec. 19,           
          1989, for $999 made payable to “DMV” and GMT’s check No. 3895               
          dated Dec. 27, 1989, for $1,000 made payable to petitioner which            
          states on the memo line “Reimburse for DMV fees”.  Furthermore,             
          petitioner’s bookkeeper testified that petitioner’s businesses              
          customarily repaid such loans.  Additionally, petitioner                    
          testified that some of the checks he offered were not loans but             
          represented his personal expenses.                                          





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