Jung K. Yoon and Hee S. Yoon - Page 31

                                       - 31 -                                         
          reasons, Caufield's schedules are not reliable.  Petitioners have           
          failed to prove by a preponderance of the evidence JKY's                    
          entitlement to additional deductions.  Respondent's determination           
          that charges on personal credit cards are to be treated as                  
          personal living expenses will be sustained.                                 
          Conclusion                                                                  
               We have examined the arguments of petitioners that                     
          respondent's determination is arbitrary and erroneous and have              
          determined that they are without merit.                                     
               We also conclude that petitioners' argument that respondent            
          has failed to establish a likely source of income or to conduct a           
          reasonable investigation of leads to negate the existence of                
          nontaxable sources of income is without merit.  Petitioners'                
          claims of nontaxable sources were the alleged loans from friends            
          and relatives and advances to JKY by suppliers.  Respondent                 
          considered those claims made by petitioners during the                      
          examination, included some of the claimed liabilities in her net            
          worth determinations, and determined others were not valid.                 
          Where relevant leads are not forthcoming from petitioners,                  
          respondent is not required to negate every possible source of               
          income.  Holland v. United States, 348 U.S. 121, 137 (1954).                
          While we have adjusted the net worth determination to include               
          other liabilities, such corrections do not invalidate                       
          respondent's entire determination.  Hoffman v. Commissioner, 298            
          F.2d 784, 788 (3d Cir. 1962), affg. in part T.C. Memo. 1960-160.            




Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011