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jewelry items were business gifts. Petitioner did not provide
any explanation or evidence to show that the preparation of the
duplicate receipts for the F&M transactions did not amount to a
falsification of documents for the purpose of concealing
diversions of corporate funds. Petitioner has not sustained his
burden of proving that any of the payments in question were not
includable in his gross income.
Although respondent offered no clear and convincing proof
that the funds or jewelry came under petitioner's control or
created an accession to petitioner's wealth, petitioner offered
no proof to the contrary, which it was his burden to do in order
to overturn respondent's deficiency determinations. Petitioner
also failed to provide any evidence to show that the F&M payment
to Ron Gelfman was not income to him. Petitioner has failed to
carry his burden of proof. We uphold respondent's determinations
that petitioner had unreported embezzlement income for 1983 and
1984.
Issue 3(b): Walter Capital Payments
Petitioner offered no proof that he did not receive the
Walter Capital payments to the order of "Joe Bass" in 1984.
Petitioner opened the bank account at the Trust Co. in the name
of Joe Bass. He told Mr. Grillo to make the checks payable to
Joe Bass. Petitioner called no witness at trial that knew or
knew of Joe Bass and presented no evidence other than his self-
serving assertions that he did not receive these funds, while
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