Walter Van Eck and Friedgard Van Eck - Page 32

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          1550 and USB account 2221 that amounted to ownership of those               
          accounts.  We do not, however, conclude that he had any control             
          and authority over FIB account 0058, Friedgard's personal                   
          account.                                                                    
          Walter has the burden of proving the extent to which the $4,917             
          that he conceded is an item of gross income reduces the Original            
          1984 Unknown Deposits to FIB account 1550 and USB account 2221.             
          Walter has failed to prove any such reduction.  Thus, we find               
          that the such conceded amount ($4,917) reduces the Original 1984            
          Unknown Deposits to FIB account 0058 to the extent thereof, $668,           
          and only the remainder, $4,249 ($4,249 = $4,917 - $668), reduces            
          the Original 1984 Unknown Deposits to FIB account 1550 and USB              
          account 2221.  The Original 1984 Unknown Deposits to those two              
          accounts totaled $8,838 ($8,838 = $7,738 + $1,100).  After taking           
          into account the conceded amount allocated thereto, the 1984                
          Unknown Deposits remaining in those accounts is $4,589 ($4,589 =            
          $8,838 - $4,249).  We conclude that, with respect to such                   
          deposits ($4,589), Walter has failed to carry his burden of                 
          proving that these deposits do not constitute an unreported item            
          of gross income for 1984.  Tokarski v. Commissioner, supra.  We             
          have found accordingly.  We sustain that part of respondent's               
          determination of a deficiency for 1984 that is based on the 1984            
          Unknown Deposits to the extent we have found that the 1984                  
          Unknown Deposits constitute gross income to Walter.                         






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