- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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