John R. Boone, Jr. - Page 24

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          returns for 1989 and 1990 other than those agreed to by the                 
          parties in their stipulation.  Respondent asserts that the sole             
          unagreed nontaxable source, the alleged cash gift, has been                 
          negated.  Petitioner argues that the unreported amounts deposited           
          and expended in 1989 and 1990 were not includable in income                 
          because he was spending cash on hand at the beginning of 1989,              
          cash that he claims was given to him by his great-grandfather in            
          1976.                                                                       
               In United States v. Massei, 355 U.S. at 595, the Supreme               
          Court stated that "should all possible sources of nontaxable                
          income be negatived, there is no necessity for proof of likely              
          source."  However, in Commissioner v. Thomas, 261 F.2d 643, 646             
          (1st Cir. 1958), revg. and remanding T.C. Memo. 1957-244, the               
          Court of Appeals for the First Circuit noted that the                       
               burden of negating is not so broad as it sounds, for                   
               * * * the only source of nontaxable income which the                   
               taxpayers have contended accounts for taxpayers'                       
               increases in net worth, as we said, was a substantial                  
               cash gift * * *.  It follows that * * * only that                      
               source needs to have been negated.  [Emphasis added.]                  
          See also United States v. Hiett, 581 F.2d at 1201; Kramer v.                
          Commissioner, 389 F.2d 236, 238 (7th Cir. 1968), affg. T.C. Memo.           
          1966-234; Gatling v. Commissioner, 286 F.2d 139, 144 (4th Cir.              
          1961), affg. T.C. Memo. 1959-224; Parks v. Commissioner, 94 T.C.            
          at 660; Boggs v. Commissioner, T.C. Memo. 1985-429.                         
               We conclude that respondent may satisfy the burden of proof            
          on this issue by negating petitioner's alleged nontaxable cash              





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