- 23 - asserting that petitioner's father spent musty and mildewed money is derived from the inadmissible Leftwitch memorandum. Respondent avers that petitioner has provided the Court "with no explanation of the source of the cash expended and deposited other than his unbelievable cash-gift-cash-hoard story." However, we reiterate that the burden of proving a likely source of income in this matter lies on respondent. See supra pp. 20-21. We note in this connection that respondent did not call or depose petitioner's father, the individual who, along with petitioner, would most likely know of the existence of any cash hoard that may have been found or appropriated by petitioner. Moreover, even if John R. Boone, Sr., had the cash hoard that respondent attributes to him, respondent has in no way connected petitioner to it. The fact that money spent by John R. Boone, Sr., and petitioner may have had similar musty and mildewed qualities, even if proven, standing alone would be insufficient to convince the Court that, more likely than not, the cash shared the same source. For all of the above reasons, we hold that respondent has failed to prove a likely source for the amounts allegedly omitted from petitioner's returns in 1989 and 1990. B. Nontaxable Sources Respondent maintains, in the alternative, that there are no nontaxable sources for the amounts unreported on petitioner'sPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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