Alton C. Bingham - Page 11

                                        -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).                                                      








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