- 24 - 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 cashPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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