George Maciel - Page 31

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          these expenditures.37  Additionally, some of the copies of checks           
          that petitioner provided are made payable to “cash” for                     
          significant sums of money.38                                                
               Petitioner also alleges that he purchased vehicles for the             
          benefit of Alviso and GMT with his personal funds for which he              
          was not reimbursed.  However, he fails to provide copies of the             
          titles or any documentation which would demonstrate in whose                
          names the alleged vehicles were purchased.                                  
               Petitioner provides no evidence that he advanced/lent                  
          substantial amounts of money to Alviso or GMT except copies of              
          canceled checks and his trial testimony.39  No payee testified as           
          to these expenditures.  There is no evidence of a repayment                 
          schedule, maturity date, special rights and duties of the                   
          parties, written memorialization of the debtor-creditor                     
          relationship, etc.  On this record, we find that petitioner                 

               37On brief, petitioner concedes that, to the extent he does            
          not know the purpose for the expenditure, he is not now arguing             
          that such expenditure is an adjustment to reconstructed income.             
               38For example, check No. 109 dated Mar. 20, 1990, for                  
          $9,645; check No. 112 dated Apr. 17, 1990, for $9,741.50; check             
          No. 119 dated Apr. 30, 1990, for $9,847.00; check No. 118 dated             
          Apr. 27, 1990, for $8,697.50; and check No. 117 dated Apr. 24,              
          1990, for $9,750.00.  Despite providing the Court with copies of            
          the aforesaid checks, petitioner is now not claiming these checks           
          represent either advances or any other deductible business                  
          expense.                                                                    
               39The record indicates that petitioner did not make any such           
          advances to Alviso or GMT.  The balance sheets included with                
          their 1990, 1991, and 1992 returns list “Loans from Stockholders”           
          as $0.                                                                      





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