- 18 - tax shelter services rendered to his parents. Respondent suggests no amounts for such services. Suspicions are not proof. The GVE Loans were received by Walter from his mother. Neither gifts nor loans constitute items of gross income. Sec. 102(a) (gross income does not include gifts); e.g., Ettig v. Commissioner, T.C. Memo. 1988-182 (bank deposits in question were, in fact, loan proceeds received from taxpayer's mother and, thus, not items of gross income). Except to the extent that there is a reason to believe to the contrary, we believe that the transfers from Walter's mother into Walter's bank accounts were either gifts or loans. We have found to the contrary to the extent that respondent has convinced us that Walter received fees for management services.2 Except to that extent, Walter has carried his burden of proof that the GVE Loans do not constitute items of gross income to him. 4. Triad Distribution FINDINGS OF FACT In 1982, a bank check in the amount of $1,000 drawn on Triad Distribution Co. was deposited by Gertrude into Conn. account 7044. The amount shown on Exhibit 201-GK in the row labeled "Triad Distribution" reflects that deposit (the Triad deposit). 2 We recognize that respondent maintains that the management fees in question constitute fees received from Gertrude, Walter, and Keith Martin. Walter has not shown what portion is allocable to Gertrude and, because of the relative smallness of the amounts involved, we have not estimated. But cf. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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