- 23 - Issue 4. Income From the Redemption of Tax Certificates Is Attributable to Petitioner as Determined by Respondent Petitioner argues that the interest received from the redemption of tax certificates, but not reported on the joint returns for tax years 1990 through 1992, was not income properly attributable to him or to Mrs. Hernandez. To prevail, petitioner must carry the burden of proving that such income is not attributable to him or to Mrs. Hernandez. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933); see also Smith v. Commissioner, T.C. Memo. 1995-402, affd. without published opinion 116 F.3d 492 (11th Cir. 1997). In each year at issue, petitioner received interest income that was not reported on his joint return for that year from the redemption of certificates held either in his name and the name of another individual or in the name of his wife and the name of another individual. These amounts were not reported as either gross income, secs. 61, 6012(a), or as tax-exempt interest as required by section 6012(d). In each instance, the money received from the redemption of the certificates was deposited in Mrs. Hernandez’ bank account, to which petitioner had access. In each instance, the funds used to purchase the tax certificates came from petitioner. With respect to amounts included in respondent’s redetermination of petitioner’s taxable income, none of the alternate payees listed on the tax certificates reported these amounts as income on their income tax returns, nor did theyPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011