- 8 - While the record is unclear on this point, intervenor alleges that respondent determined the unreported gross receipts by analyzing deposits made into the Bank One account. Intervenor alleges that the Bank One account was petitioner’s “secret bank account” and that, because only petitioner and petitioner’s son had signatory authority over the account, he “did not know and did not have reason to known [sic] of the unreported income of her secret bank account.” Intervenor’s allegations are against the manifest weight of the evidence.6 Although petitioner provided services for the businesses and opened the Bank One account in her and her son’s name, it is clear that intervenor maintained control of the businesses and the Bank One account at all times. Intervenor was extremely abusive and demanded to have absolute authority over all financial aspects of the marriage and the businesses. He did not allow petitioner to review business records, nor did he allow her to review the tax returns for the years in issue. This pattern 5(...continued) identified petitioner as “homemaker”, intervenor concedes that any deficiencies arising from the disallowed Schedule C expenses and the increased self-employment taxes are allocable to him. 6 It is worth noting that, while intervenor appeared at trial, he did not testify, nor did he offer any evidence outside of the stipulation of facts. Instead, in his opening brief, which he titled “Intervenor’s Brief and Affidavit”, intervenor attempted to testify. Pursuant to Rule 143(b), statements in briefs do not constitute evidence, and we give such statements made by intervenor no consideration.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007