John R. Hernandez - Page 23

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          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 they           




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