- 18 - return, and rejected the informal claim made by or on behalf of petitioners during the audit that the payments are not includable in WAI's income. Petitioners bear the burden of proving that respondent's determination is in error. Rule 142(a), Tax Court Rules of Practice and Procedure (hereinafter all Rule references are to the Tax Court Rules of Practice and Procedure). Petitioners argue that respondent's determination is in error because the subject payments were "never intended to result in income" to WAI but, in fact, were made by Weeden "to receive an equity interest". Petitioners' post- trial brief states as follows: Petitioner William Whelpley testified that it was his understanding that in exchange for these moneys, Weeden, a venture capital investor, was to receive an equity interest. This understanding was confirmed by the independent testimony of Thomas Flaherty, who, when responding to a question propounded by the * * * [Court] stated, under penalties of perjury that, in exchange for this investment, Weeden expected to receive an equity interest. Petitioners do not explicitly argue that the subject payments constitute contributions to WAI's capital, and they do not cite section 118(a), which provides that "gross income does not include any contribution to the capital ofPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011