Ellis E. Neder, Jr. - Page 13

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          by a preponderance of the evidence that an omitted amount                   
          exceeding 25 percent of the gross income reported was properly              
          includable in gross income.  Sec. 6501(e)(1)(A); Burbage v.                 
          Commissioner, 82 T.C. 546, 553 (1984), affd. 774 F.2d 644 (4th              
          Cir. 1985); Philipp Bros. Chems., Inc. v. Commissioner, 52 T.C.             
          240, 254-255 (1969), affd. 435 F.2d 53 (2d Cir. 1970).                      
          Petitioner reported gross income in the amount of $162,553 in his           
          1985 return; 25 percent of this amount is $40,638.25.  As stated            
          above at paragraph A-4, petitioner is collaterally estopped from            
          denying that he received some amount of unreported income in                
          1985.  Petitioner nominally borrowed funds for commercial                   
          purposes, yet he deposited $1,372,360 of the proceeds into his              
          personal accounts.  He did not need that portion of the proceeds            
          to buy the property for which the loans nominally were made.  He            
          exaggerated the value of the collateral provided for the loans.             
          These violations of the usual obligations of a borrower are                 
          sufficient to show by a preponderance of the evidence that he did           
          not intend to fully repay the loans.  Given the massive amount of           
          the deposits ($1,372,360), we infer that petitioner received                
          income of more than $40,638.25 from his deposits of loan proceeds           
          into his personal accounts in 1985.  Petitioner introduced no               
          evidence to the contrary.  Thus, we conclude that petitioner                
          omitted more than 25 percent of his gross income, and respondent            







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