- 59 - 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...)Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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