Thwaites Terrace House Owners Corp. - Page 16

                                         16                                           
          interest income as either patronage or nonpatronage-sourced                 
          income has been at issue since the pleadings were filed.  A                 
          taxpayer bears the burden of proving allegations it makes in the            
          petition when it submits a case fully stipulated.  Rules 122,               
          217(c)(1)(A); Kitch v. Commissioner, 104 T.C. 1, 5 (1995).  The             
          stipulation does not include facts that support a finding that              
          petitioner's interest income was patronage sourced.  The record             
          includes nothing to suggest that petitioner’s interest income was           
          earned from required reserves or that petitioner maintained its             
          savings and money market accounts and certificates of deposit for           
          business, rather than investment, purposes.  Petitioner failed to           
          carry its burden of proving that its interest income was                    
          patronage sourced under section 1388.                                       
               We hold that petitioner's interest income is taxable to                
          petitioner as determined by respondent.                                     
               To reflect the foregoing,                                              
                                             Decision will be entered for             
                                        respondent.                                   
















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  

Last modified: May 25, 2011