John D. Shea - Page 29




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          business expenditures for which petitioner failed to provide                
          adequate substantiation.  But the fact that petitioner failed to            
          meet his burden of proof regarding the deductibility of these               
          expenses is not sufficient to justify a finding that respondent             
          has met his burden of proving that petitioner treated the income            
          deposited in the business bank account as if he were solely                 
          entitled to it.                                                             
               The facts on which respondent relies establish only that               
          Mrs. Shea had little meaningful involvement in petitioner's                 
          business activities and that petitioner underreported the income            
          of that business.  These facts are insufficient to prove that               
          petitioner acted as if he were solely entitled to STG's 1992                
          income.  As a result, there is no factual basis to justify                  
          respondent's invocation of section 66(b).  We, therefore, hold              
          that petitioner is entitled to the benefits of California                   
          community property law with respect to the net income of his                
          consulting business as redetermined.                                        

                                             Decision will be entered                 
                                        under Rule 155.                               

          Reviewed by the Court.                                                      
               COHEN, JACOBS, GERBER, PARR, WELLS, COLVIN, BEGHE, LARO,               
          FOLEY, VASQUEZ, and GALE, JJ., agree with this majority opinion.            
               THORNTON and MARVEL, JJ., concur in the result only.                   






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