- 34 -- 34 - petitioners' income for each of the years at issue, as we stated above, the deposits at issue are prima facie evidence of income, and petitioners bear the burden of proving that those deposits are not taxable.22 See Calhoun v. United States, 591 F.2d at 1245; Marcello v. Commissioner, 380 F.2d at 511; Tokarski v. Commissioner, 87 T.C. at 77. As we understand petitioners' position, they contend that no portion of the deposits into petitioners' accounts of (1) K & H's construction loan proceeds, checking account funds, and credit line funds and (2) Ms. Velilla's construction loan proceeds and checking account funds is includible in their income for each of the years 1989 and 1990 because petitioners held those deposits "for corporate purposes and subject to an obligation which Mr. Harp recognized to return the funds to the corporation." Respondent disagrees with those contentions, arguing that those deposits represent funds misap- propriated by petitioner and that, to the extent that during each of the years at issue petitioners did not use those deposits during each such year to make payments to, or on behalf of, K & H and Ms. Velilla, they are taxable to petitioners under the principles of James v. United States, 366 U.S. 213 (1961). Regardless whether petitioner's actions during the years at issue regarding K & H's and Ms. Velilla's funds are characterized 22 As noted above, the parties agree that petitioners' returns for 1989 and 1990 did not include as income any of the deposits during each of those years of K & H's and Ms. Velilla's funds.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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