- 8 - $365,798.02 and understated funds in one account by $106,941.08. Inclusion of these items resulted in a $213,816.24 increase in tax. On September 19, 1994, petitioner filed its petition. On May 9, 1995, petitioner and respondent executed a Stipulation of Settled Issues, in which petitioner conceded several of respondent's determinations. OPINION Petitioner, in its petition, disputed respondent's disallowance of a $500 deduction for decedent's cleaning expenses and a $1,733 deduction for her rental expenses. It also disputed respondent's determination that one of petitioner's bank accounts had a balance of $146,644.08 instead of $39,703.00, the amount that was reported on the estate's tax return. Petitioner, however, offered no evidence at trial to refute these determinations and failed to address these issues in its briefs. Accordingly, petitioner has not satisfied its burden of proof on these items, and respondent's determinations with respect to these issues are sustained. Rule 149(b); Lowry Hosp. Assn. v. Commissioner, 66 T.C. 850, 851 (1976). We now turn to the contested issues in this case. I. Includability of the Sixteen $10,000 Checks We must first determine whether the value of the funds (i.e., $160,000), paid to recipients of sixteen $10,000 checks written by Marsha, is includable in the gross estate. The grossPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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