Eric Wynn - Page 25

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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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