-42- Respondent also determined that petitioners used funds for unidentified and personal expenses of $8,264.64 from Dean Witter account number 37733 and $2,736.23 from Schwab account number 3843. Petitioners, in their response to a proposed finding of fact regarding Schwab account number 37733, claim that certain charges from Budapest and Madrid that are reflected in the proposed finding and on account statements are not personal expenses. Petitioners state on brief that respondent was shown petitioners' passports and that the passports did not reflect travel to Budapest or Madrid. No such evidence was presented at trial, nor was any other evidence presented concerning the actual purpose of these expenditures. Respondent's determination that petitioners failed to report the amounts paid as personal expenditures will be sustained. Unreported Income--Deeds in Lieu of Foreclosure Respondent determined that petitioners failed to report income received from their acceptance of Martis Landing and Saddle Rock by deeds in lieu of foreclosure from the Woods. Preliminarily, petitioners contend that respondent's proof and argument on brief do not conform to the notice of deficiency or the pleadings. Petitioners note that the statutory notice of deficiency and answer refer to "debt extinguishment" as an adjustment to income in the amount of $74,321. The notice of deficiency explains this determination as "The amount of your debt which was cancelled or forgiven is includable in income."Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011