-10-
Neaderland v. Commissioner, 424 F.2d 639, 643 (2d Cir. 1970),
affg. 52 T.C. 532 (1969); Traficant v. Commissioner, 89 T.C. 501,
510 n.9 (1987), affd. 884 F.2d 258 (6th Cir. 1989).
As stated in paragraph II-A-2, above, petitioner may not
avoid meeting his burden of proof by asserting that he has a
Fifth Amendment right not to testify. United States v. Rylander,
supra at 761; Traficant v. Commissioner, supra at 504; see
Steinbrecher v. Commissioner, 712 F.2d 195, 198 (5th Cir. 1983),
affg. T.C. Memo. 1983-12.
2. Petitioner's Lack of Evidence
Petitioner contends in his posttrial brief that he was an
"accommodator" for the Lopps; that is, that Mr. Lopp was the
beneficial owner of the Yreka property and the Double L Ranch (a
tract of real property in Clark County, Nevada), and that
petitioner invested the land sale proceeds and income tax refunds
at Mr. Lopp's direction. He also contends in his brief that Mr.
Lopp knew he invested in the CFA Notes and used the proceeds of
the Lopps' tax refund checks to pay for the Double L Ranch.
Petitioner contends that he incurred a loss as a result of a
failed factoring operation in which he invested at Mr. Lopp's
direction.
Petitioner did not testify and called no witnesses. There
is no evidence to support the factual assertions he made in his
brief. Respondent's determination is presumed to be correct, and
petitioner bears the burden of proving otherwise. Rule 142(a);
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