- 25 - 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, whilePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011