- 11 - curiam without published opinion 929 F.2d 702 (6th Cir. 1991). Furthermore, amounts received as to which a taxpayer is acting as an agent or conduit are not required to be reported as income. Goodwin v. Commissioner, 73 T.C. 215, 230 (1979); see also Liddy v. Commissioner, supra. As we stated in Diamond v. Commissioner, 56 T.C. 530, 541 (1971), affd. 492 F.2d 286 (7th Cir. 1974): "We accept as sound law the rule that a taxpayer need not treat as income moneys which he did not receive under a claim of right, which were not his to keep, and which he was required to transmit to someone else as a mere conduit." Petitioners have the burden of proof on this issue, Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933), and resolution of the issue depends upon our believing petitioner's explanation that he was acting as an agent for Mr. Macias--in essence, holding Mr. Macias' money for safekeeping--and that no portion thereof was used for petitioners' personal benefit. Accordingly, we must distill truth from falsehood. See Diaz v. Commissioner, 58 T.C. 560, 564 (1972). Although the facts herein may seem improbable, we believe them to be true. As acknowledged by respondent, this case hinges on the credibility of the witnesses. We found Messrs. Morera, Chavez, and petitioner to be credible witnesses. We especially found Mr. Chavez to be trustworthy, along with the notations in his diary. Mr. Macias' affidavit and Agent Swaffort's testimony confirm thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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