Charles R. Harp and April B. Harp - Page 36

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                    reliability of petitioner's testimony.  It was not only self-                                                                                          
                    serving, but it also was at times inconsistent with other evi-                                                                                         
                    dence in the record.  As for the stipulations about petitioners'                                                                                       
                    payments to, or on behalf of, K & H, we do not believe those                                                                                           
                    stipulations necessarily support, let alone conclusively prove,                                                                                        
                    petitioners' contention that during the years at issue they were                                                                                       
                    holding K & H's funds for K & H's purposes.25  Indeed, the record                                                                                      
                    (1) shows that petitioner was not even authorized to deposit K &                                                                                       
                    H's construction loan proceeds into petitioners’ accounts during                                                                                       
                    those years and (2) is silent as to (a) whether petitioner was                                                                                         
                    authorized to deposit K & H's checking account and credit line                                                                                         
                    funds into petitioners' accounts;26 (b) whether or how such funds                                                                                      
                    were disbursed during each of the years at issue; and (c) whether                                                                                      
                    petitioners were authorized to retain any portion of such funds                                                                                        





                    24(...continued)                                                                                                                                       
                    about the nature of any such transactions.                                                                                                             
                    25  Under petitioners' contention, funds otherwise includible in                                                                                       
                    a taxpayer's income under the principles of James v. United                                                                                            
                    States, supra, would never be so included as long as such funds                                                                                        
                    are ultimately repaid.  That is because, according to petition-                                                                                        
                    ers, repayment shows that the taxpayer was holding the funds for                                                                                       
                    the purposes of the person from whom they were obtained.                                                                                               
                    26  We find it hard to believe that petitioner would have been                                                                                         
                    authorized to deposit into petitioners' accounts funds from K &                                                                                        
                    H's checking account and credit line or to retain any portion of                                                                                       
                    those funds for petitioners' own use when he was not authorized                                                                                        
                    to deposit K & H's construction loan proceeds into their accounts                                                                                      
                    or to retain any portion of those deposits for their own use.                                                                                          




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