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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's
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