Timothy A. Runels and Emma Valdivieso Runels, et al. - Page 8




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          Commissioner, 96 T.C. 858, 868 (1991), affd. 959 F.2d 16 (2d Cir.           
          1992).                                                                      
               Petitioners kept no books of account for their Schedule C              
          pallet business.  Records for the pallet business consisted of              
          petitioners’ checkbook, invoices for sales of pallets dated for             
          the months of April through November 2002, and purchase orders              
          for pallets dated for the months of February, March, May, July,             
          and October through December of 2002.  Petitioners reported gross           
          receipts of $3,638 on Schedule C.  Petitioners’ invoices for                
          sales of pallets for 2002 total $3,400.  Respondent was unable to           
          determine from petitioners’ records whether they deposited their            
          gross receipts into their bank accounts.  He therefore treated              
          the amounts shown on the invoices for sales of pallets as cash              
          that was not deposited to their bank accounts.  Mrs. Runels                 
          testified, however, that she commingled payments from the pallet            
          business with their personal funds.  But when Mrs. Runels was               
          asked at trial to identify in her bank records for 2002 deposits            
          of any of the amounts shown on the invoices for sales of pallets,           
          she was unable to do so.                                                    
               Petitioners argue that respondent’s bank deposits analysis             
          was incorrect because it double counted bank deposits by                    
          including bank transfers.  Mrs. Runels, however, testified that             
          she conferred with the TCO and with counsel for respondent to               
          demonstrate which items were transfers.  Respondent took into               







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