- 12 - satisfied that he made a sufficient showing to match nontaxable funds to some of the deposits. If the funds are nontaxable, they should be removed from unreported income determined by respondent. A. Payments Received on Sale of Puerto Rico House Petitioners contend that deposits attributable to the principal payments they received from Mr. Rodriguez in the amounts of $25,000 and $50,000 for 1991 and 1992, respectively, on the sale of their house in Puerto Rico should not be included in determining their unreported income for those years. We agree. We are satisfied, based on Mr. Ortiz' testimony, that he had invested more in the property than the $75,000 Mr. Rodriguez agreed to pay for it in 1988. Consequently, we find that $25,000 received in 1991 and $50,000 received in 1992, which amounts were included in the bank deposits, are nontaxable and must be removed from the unreported income determined by respondent. B. Checks Received From Mr. Alvarado Petitioners claim that the $14,100 and $13,000 checks received from Mr. Alvarado in 1991 and 1992 were intended by the parties to be loans. We disagree. Considering that the checks were drawn from the account of Asomante Auto Sales, a customer of R&X Auto Sales, that the checks originally contained notations about advances for automobiles, and that Mr. Ortiz provided cars to repay Mr. Alvarado for the checks, we are persuaded that the form and substance of the transactions were automobile sales, notPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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