- 20 -
$28,559 to “cash” or named payees. The evidence of record as to
the key-man life insurance and these items does not enable us to
conclude that any of these Kenmore payments was--or was not--
income to Gleave. We refer to the latter category of items as
resolved by “burden of proof.”
Table 8 summarizes respondent’s determinations as to
Gleave’s 1980 income subject to tax, and our redeterminations.
Table 8
Respondent’s Court’s
Determinations Redeterminations
Income to Gleave $98,747.58 $22,323.54
Not income to Gleave --- 145,794.44
Burden of proof --- 30,629.50
Totals 298,747.58 298,747.48
1 $36,403.57 of this amount results from respondent’s
concessions in stipulations, and $1,135 results from respondent’s
oral concession at trial. The remaining $8,255.87 results from
the Court’s evaluation of the evidence.
2 The parties’ stipulations show that five of the checks listed
in the notice of deficiency as $298.55 each should be $298.53
each.
1981--Gleave Income--Clear and Convincing
During 1981 Kenmore issued eight checks aggregating
$2,388.26 to make Gleave’s mortgage payments on his house.
During 1981 Kenmore issued eight checks aggregating $231.84 to
make Gleave’s payments on his life and disability insurance
policies.
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: May 25, 2011