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Petitioner has the burden of proof on each of the issues in
dispute. Rule 142(a). Petitioner's records have been lost;
this, however, does not relieve him of his burden. Cady v.
Commissioner, T.C. Memo. 1990-260. Petitioner concedes that he
received the wages from DOE. Petitioner did not offer any
evidence with regard to the interest income or the State tax
refund, and we sustain respondent on these issues. Furthermore,
while petitioner testified that he incurred some job search
expenses and that he made some charitable contributions, he did
not show that the deductions for these expenses exceeded the
standard deduction amount.2
Regarding the funds received from the Institute, it is well
established that funds received as a loan do not constitute
taxable income to the recipient. Woodsam Associates, Inc. v.
Commissioner, 198 F.2d 357 (2d Cir. 1952), affg. 16 T.C. 649
(1951). For tax purposes, a bona fide debt is one arising from a
"debtor-creditor relationship based upon a valid and enforceable
obligation to pay a fixed or determinable sum of money." Sec.
1.166-1(c), Income Tax Regs. Further, under section 102(a),
gross income does not include amounts received "'out of
2 Petitioner testified that he made charitable
contributions of approximately $30 each week, or $1,560 for the
year. He also testified that he had job search expenses of
approximately $100 each month for the first 2 or 3 months of
1990. Petitioner also contends that his monthly living expenses
of $850 were deductible as job search expenses; however, he was
employed from at least very early in 1990, and these expenses
were nondeductible living expenses. Sec. 262.
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