- 9 - petitioner has failed to rebut the presumption that such items represented items of gross income. See Tokarski v. Commissioner, supra at 77. Therefore, we sustain respondent’s determination of a deficiency as it relates to such items. We sustain no deficiency with respect to the deposit of $1,000 to the Astoria account on December 28, 1987. Petitioner’s position with respect to the June 23 and November 13, 1987, chip payments to Trump is unclear. In her notice of deficiency, respondent included those items as unreported income and described them as “Unexplained advances - Libutti”. Petitioner testified that the chip payments, which repaid a loan made to petitioner by Trump, were made by Libutti. On brief, petitioner argues that the transactions do not evidence unreported income because there is no allegation of unreported gambling winnings. Petitioner’s argument is somewhat beside the point. These are not items that result from a reconstruction of petitioner’s income where there is no evidence that petitioner actually received anything during the period at issue. If this were such a situation, then petitioner might argue that, until respondent links petitioner to an income-producing activity, petitioner does not have the burden of proving he had no income. See Llorente v. Commissioner, 649 F.2d 152 (2d Cir. 1981), affg. in part, revg. in part, and remanding in part 74 T.C. 260 (1980) (we would follow Llorente because it is likely that any appeal inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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