-11- Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner must overcome the presumption as to each item of unreported income as determined by respondent. Foster v. Commissioner, 391 F.2d 727, 735 (4th Cir. 1968), affg. in part and revg. in part on other grounds T.C. Memo. 1965-246. Petitioner has not proven that he did not receive $872,210 in 1984 as determined by respondent or that the funds were not income to him in 1984. Petitioner points out that respondent did not produce the Lopps' income tax returns, and he argues that the Lopps' returns would prove that they, and not petitioner, received the funds in dispute. Petitioner's argument misses the mark. We have found that petitioner received the funds from the land sale and used them to buy certificates of deposit in his own name. Respondent's special agent and revenue agent testified that petitioner repaid $200,000 to the Lopps in January 1985. The record does not show what led petitioner to do that. The return of funds to the Lopps in 1985 does not establish that the funds were nontaxable to petitioner in 1984. See Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955) (taxpayer is taxable on accessions to wealth over which he or she has complete dominion). Thus, petitioner is liable for income tax on $676,721 of the land sale proceeds and on $195,489 from the refund checks (a total of $872,210).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011