Don C. and Judy Montgomery - Page 32

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             a separate check to purchase insurance for the Lincoln Mark              
             VII on January 17, 1989.  Thus, the entire amount of the                 
             cashier's check is not income to petitioners.  However,                  
             petitioners have offered no explanation of the additional                
             $800 withdrawn from H&B's account, and there is no basis                 
             in the record on which we can reject respondent's                        
             determination that this additional $800 constitutes income               
             to petitioners.  Accordingly, we find that $800 of the                   
             proceeds of check No. 1477 constitutes income to                         
             petitioners.                                                             
                  On November 4, 1988, petitioner signed check No. 1346               
             drawn on H&B's First Interstate account and made payable to              
             cash in the amount of $1,500.  Petitioner used the proceeds              
             of this check to purchase a cashier's check.  However,                   
             petitioners have provided no explanation of how the                      
             proceeds of this cashier's check were used.  Consequently,               
             petitioners have failed to satisfy their burden of proving               
             that the proceeds of check No. 1346 do not constitute                    
             income to them, as determined by respondent.                             
                  During 1988, petitioner signed 17 additional checks                 
             drawn on H&B's First Interstate account and made payable to              
             cash in the aggregate amount of $11,086.84.  Some of these               
             checks bear notations stating the purposes for which they                
             were drawn.  H&B's pegboard ledger sheet also contains                   





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