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favor of petitioner in Kemp v. Commissioner, T.C. Memo. 2004-153,
and we incorporate herein the facts set forth in that opinion.
Background
In 1974, petitioner began operating a sole proprietorship
that managed an investment portfolio, including employee
benefits. From 1983 through 1993, petitioner was employed by
First Tennessee Investment Management (First Tennessee). From
1989 through 1993, petitioner deposited a portion of his earnings
from his sole proprietorship into certificates of deposit,
municipal bonds, and a cash management fund. Petitioner also
deposited checks, that were allegedly owned by First Tennessee,
into the bank account of his sole proprietorship.
Beginning in 1993, petitioner was investigated by the FBI
and terminated by First Tennessee for violations of bank and
corporate policies. In June of 1994, respondent sent a letter to
petitioner stating that his 1992 Federal income tax return was
selected for examination. After meeting with respondent,
petitioner filed amended returns that reported, on his Schedule
C, Profit or Loss From Business, increased taxable income of
$173,817, $191,595, and $63,628 for 1991, 1992, and 1993,
respectively. In February of 1995, petitioner filed an amended
return for 1990 that reported an increase in Schedule C taxable
income of $134,859.
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