John Van Heemst - Page 21

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          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’s                     








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