-361- little in the way of rebuttal. Although THC’s accounting records labeled some of the funds it received from Equitable Leasing as loans, those entries were contradicted by other entries labeling the payments as commissions. Kanter did not provide any additional evidence such as promissory notes or proof of principal or interest payments to corroborate THC’s records. Given that Kanter controlled the entities involved, we resolve any doubts engendered by the record in respondent’s favor. Considering all the circumstances, we sustain respondent’s determination that the funds that Equitable Leasing transferred to THC and Zion during 1983 represented income that Kanter earned during 1983 and that he attempted to assign to THC and Zion. These payments are includable in Kanter’s income for 1983. Issue VIII. Whether Kanter Received Unreported Income for 1982 According to the Bank Deposits Method of Income Reconstruction (STJ report at 129-133) FINDINGS OF FACT During 1982, Kanter made a total of approximately $2.8 million in deposits to his three bank accounts at American National Bank at Chicago, Illinois. Kanter maintained a check register in which he recorded the source and nature of the deposits made to these accounts. In preparing the Kanters’ 1982 joint individual Federal income tax return, Linda Gallenberger, Kanter’s accountant, used the check register to determine what portion of his 1982 bank deposits represented taxable income.Page: Previous 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 Next
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