- 180 - Stevenson, there is no evidence of this payment on the CTC receipts journal, and there is no other evidence presented by either party. Petitioner merely states in a proposed finding of fact pertaining to it that his accountant had reviewed all commissions received by CTC and petitioner for the pertinent years, and petitioner had reported all income. Respondent does not address this amount on brief. We assume that respondent has conceded this issue and hold for petitioner. With regard to the alleged "unreported income" in the amount of $1,478.31 from Stewart & Stevenson in 1976, neither party presented any evidence. In a proposed finding of fact petitioner implies that it was paid directly to Diesel Power. Whether it was or not, we hold for respondent with respect to this amount. If it was paid to Diesel Power, it was petitioner's income for the reasons stated above; if it was not paid to Diesel Power, petitioner has failed to meet his burden of proof that it was not his income. Rule 142(a). With regard to the allegation of income from IMICO, SEDIRAN, and SEDCO in 1978, the parties presented no evidence other than the 1978 receipts journal. We note that, while the 1978 CTC receipts journal lists numerous receipts from IMICO, SEDIRAN, and SEDCO in that year, the receipts are all recorded as either "Purchases" or commissions to CTC, the latter having been reported by petitioner as income. As to the amounts for 1978,Page: Previous 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 Next
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