- 25 - hoard received by gift from his great-grandfather. By direct proof this would be almost impossible. But this Court has held that respondent may negate an alleged nontaxable cash hoard by proving that such a claim is "inconsistent, implausible, and not supported by objective evidence in the record." Parks v. Commissioner, supra at 661; see Boggs v. Commissioner, supra; Phillips v. Commissioner, T.C. Memo. 1984-133. For the reasons which follow, we are convinced that respondent has shown that, more likely than not, petitioner's 1989 and 1990 bank deposits and cash expenditures were not derived from moneys obtained from his great-grandfather, the only unagreed nontaxable source asserted in this case. 1. There is no evidence that Walker possessed a cash hoard, or that he would give it to petitioner if he did. The objective evidence in the record does not support petitioner's contention that his great-grandfather possessed a large amount of cash on hand. In this regard, we note that Walker's adjusted gross estate was small (roughly $68,000) in comparison to the alleged cash hoard of approximately $115,000. Moreover, Walker had miscellaneous real and personal property, and does not appear to have been the type of individual who was likely to keep a cash hoard. See Shelhorse v. Commissioner, T.C. Memo. 1980-98. Walker also had mortgages on his property and other debts, which is inconsistent with a large cash hoard. See Thomas v. Commissioner, 223 F.2d 83, 88 (6th Cir. 1955). Also,Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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