- 21 - demeanor at trial, we do not consider petitioner's testimony to be credible. Moreover, the records relied on by petitioner are inconclusive and do not establish that the amounts charged and paid by Pieces of Eight were expenditures of a business, rather than of a personal, nature. Indeed, based on the information in the charge account statements, many of the charges listed appear indistinguishable from personal expenses. Petitioner’s claim that other expenditures were loans that were subsequently repaid, even if we were to accept it, does not call into question respondent’s determination. In essence, respondent determined, on the basis of the expenditures by Pieces of Eight, that Pieces of Eight received taxable income that enabled it to make those expenditures. Petitioner did attempt to show a nontaxable source for the expenditures, claiming money obtained from refinancing a mortgage on his home provided funds that were advanced to Pieces of Eight in 1987, and that additional funds were advanced through the end of 1990. Petitioner’s testimony on the matter, however, was vague, confusing, and contradictory, and we do not accept it. Moreover, petitioner did not have a large amount of assets after the bankruptcy of Cape Town, which concluded in 1988. We also conclude that petitioner was an owner of Pieces of Eight during 1988 and 1989. We accordingly hold that petitioner has failed to carry his burden of demonstrating error in respondent’sPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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