- 15 - are sufficient to explain the self-employment income charged to her for 1993. Petitioner has shown nothing that justifies placing any aspect of the burden of proof on respondent. Petitioner bears the burden of proof. Petitioner’s only factual defense to respondent’s adjustments increasing petitioner’s gross income is that petitioner existed on gifts from her parents and "significant other". We did not find petitioner to be a credible witness concerning the sources of her income. On brief, petitioner points us to one exhibit, Exhibit 16, “Funds Advanced to Carolyn Fankhanel”, which, to the extent it addresses gifts to her, was objected to by respondent and is not in evidence. Beyond the conclusion to be drawn from petitioner’s admissions that she received $5,000 from her father in 1983 and $2,000 from her parents in 1984, petitioner has failed to prove the amount of any gifts to her during the years in issue. She has failed to prove any facts supporting her assignments of error with respect to respondent’s adjustments increasing her gross income for any of the years in issue. Respondent’s determinations of deficiencies resulting from those adjustments are sustained. III. Deduction for Personal Exemptions A. Introduction Respondent adjusted petitioner’s income by disallowing personal exemption deductions claimed by petitioner for her son Syme A. Kutz (Syme) for all of the years in issue and for her sonPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011