Harvey L. Hoover - Page 27

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               In his farming business, petitioner received gross receipts            
          from the sale of milk, livestock, corn, and shelled corn.  The              
          evidence, including copies of canceled checks, settlement sheets,           
          receipts, invoices, and the testimony from petitioner’s criminal            
          proceeding, clearly and convincingly establishes that petitioner            
          failed to report gross income from his farming business.                    
               We adjust respondent’s calculation of petitioner’s total               
          unreported farming income with respect to the bartering income he           
          received from Fred Hoover.  Respondent determined that petitioner           
          received bartering income of $5,569.32 in 1990, $7,598.75 in                
          1991, and $4,743.32 in 1992.  The records of Fred Hoover reflect            
          that in 1991 he issued a $5,569 check to petitioner for the                 
          excess of goods and services attributable to 1990.  Because                 
          petitioner received the check for $5,569 in 1991, petitioner                
          failed to report this income in 1991, not in 1990 as respondent             
          argues.  See secs. 446(c), 451(a).  These records also show that            
          in 1992 Fred Hoover issued a $7,598.75 check to petitioner for              
          the excess of goods and services attributable to 1991.                      
          Petitioner failed to report this $7,598.75 in 1992, the year in             
          which he received this payment.  In 1993, Fred Hoover issued a              
          $4,743.32 check to petitioner for the excess of goods and                   
          services attributable to 1992.  Because petitioner received the             
          check relating to the 1992 bartering income in the 1993 taxable             
          year, we find that the bartering income of $4,743.32 is not                 






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