- 8 - funds in dispute were derived from nontaxable sources. Rule 142(a); Tokarski v. Commissioner, 87 T.C. 74 (1986); see also Rockwell v. Commissioner, 512 F.2d 882, 885-887 (9th Cir. 1975). We turn to an examination of the facts concerning the two alleged sources of the deposits. Funds From Mr. Zurn Petitioner's relationship with Mr. Zurn may be described as, to say the least, confusing. Indeed, there is even confusion as to when petitioner and Mr. Zurn became associated. Petitioner testified that he met Mr. Zurn in 1984. However, in a prior trial involving Mr. Zurn's tax liabilities, petitioner testified that they became associated in 1987, or possibly 1986. This date is important because petitioner alleges that he received funds from Mr. Zurn in 1985 and 1986 to construct an apartment building (referred to herein as the Montrose property). Petitioner's version of the events, however, is questionable in light of a loan application dated July 14, 1986, in which petitioner stated that he was receiving monthly rental income from the Montrose property in the amount of $5,640. Finally, there is the peculiar grant deed dated August 2, 1985, purportedly conveying the Montrose property to Mr. Zurn and a John Nuckols. Petitioner testified that at the time he conveyed the property to Messrs. Zurn and Nuckols, Mr. Zurn had advanced at least $50,000 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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