- 11 - brief, respondent states: "These rents were generated from properties belonging to either William or Gertrude Van Eck [William's parents], Renate Hodges [Friedgard's mother] or Keith Martin [Walter's friend]." Apparently, ownership of some or all of such properties changed hands from Walter after 1982. We accept as true respondent's statement as to post-1982 ownership by others than Walter, and we find accordingly. Walter argues that the income from such properties should be taxed to those others, the post-1982 owners of the properties. Respondent argues as follows: Respondent admits that the rents from these properties initially constituted gross income to petitioners' parents, rather than petitioners. It bears restating, however, that Walter Van Eck never transferred a dollar of the net rents to petitioners' parents or Keith Martin during any of the tax years at issue. * * * Portions of the rents collected, after being commingled with funds from other sources, were spent upon mortgage and other expenses associated with the properties. * * * The balance of the rents were spent by petitioners for their own personal purposes, together with the other funds they deposited as "loans," "gifts," or funds belonging to other family members. * * * Respondent has failed to explain how income that was income to others became income to Walter or Walter and Friedgard. Apparently, respondent is frustrated with the difficulties that her agents and attorneys encountered during the examination and trial preparation phases of this case: Respondent submits that the record morass created by Walter Van Eck is so deliberately confounded, and his credibility is so negligible, that we must reducePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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