John R. Boone, Jr. - Page 23

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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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