Walter Van Eck and Friedgard Van Eck - Page 36

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          Unknown Deposits).  Of the 1986 Unknown Deposits, $857                      
          constitutes an item of gross income to Walter.                              
                                       OPINION                                        
               The 1986 Unknown Deposits are less than the Original 1986              
          Unknown Deposits because Walter has conceded that $147.79 of the            
          Original 1986 Unknown Deposits constitutes an item of gross                 
          income to him for 1986, and respondent has conceded that the                
          amount conceded by Walter no longer is a deposit of unknown                 
          origin for 1986.  We accept those concessions and so find.                  
          However, the parties have not told us out of which accounts the             
          conceded amount is deemed to have come.  We conclude that Walter            
          had control and authority over FIB account 0053, as we did for              
          the predecessor account, FIB account 1550 (see discussion supra             
          paragraph 7.b.).  We do not, however, conclude that he had any              
          control and authority over OB account 4604, the Hodges account.             
          As was true for 1984 and 1985, Walter has the burden of proving             
          the extent to which the $147.79 that he conceded is an item of              
          gross income reduces the Original 1986 Unknown Deposits to FIB              
          account 0053.  Walter has failed to prove any such reduction.               
          Thus, we find that the such conceded amount ($147.79) reduces the           
          Original 1986 Unknown Deposits to OB account 4604 to the extent             
          thereof, $835, and, since nothing remains, nothing reduces the              
          Original 1986 Unknown Deposits to FIB account 0053.  Accordingly,           
          the full $857 of Original 1986 Unknown Deposits to FIB account              
          0053 remains as 1986 Unknown Deposits to that account.  We                  




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