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misattribution of deferred income need not detain us. At the
time of the transfer from Howard to Alice on March 14, 1989, less
than 2 months remained before the Phase II mausoleum would be
completed, and the bulk of the pre-completion deposits was
already in hand. During all of 1987 and 1988 and for the first
10 weeks of 1989, Howard Berger had received draw payments of
$500 per week, plus payments of personal expenses, that were
primarily financed by those deposits. No misattribution results
from taxing Howard on one-half the income attributable to Phase
II mausoleum crypt sales prior to his March 1989 transfer.
It follows that Howard Berger's taxable income from the
operations of Woodbine includes not only his one-half share of
the operating profits of Woodbine for the period from January 1
through March 14, 1989, computed under Woodbine's method of
accounting, but also a portion of the income from the Phase II
mausoleum crypt sales. Howard Berger has not furnished "the
cogent proof" that would require us to reduce the $175,142 of net
income that he reported from the Woodbine business for this
period in 1989. See Estate of Hall v. Commissioner, 92 T.C. 312,
337-338 (1989); Nestle Holdings, Inc. v. Commissioner, T.C. Memo.
1995-441, 70 T.C.M. 683, 707, 1995 RIA TC Memo par. 95,441 at
95-2730. Consequently, we hold him to the initial admission in
his 1989 return as to the measure of his Woodbine income,
including his share of the Phase II crypt sale income.13
13The Estate of Howard Berger now takes the position that in
(continued...)
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