Theron R. Livingston, Sr. - Page 13




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          gifts in 1989.  This testimony is corroborated by bank records                
          reflecting petitioners’ numerous small deposits of cash and                   
          checks shortly after their wedding.  Petitioner wife also                     
          testified that at the time of her marriage in 1989, she had at                
          least $400 in two bank accounts.  She testified that her                      
          grandmother used funds placed under her guardianship after the                
          death of petitioner wife’s mother to help pay for Itesha’s                    
          private Christian schooling.  The record also indicates numerous              
          other instances of gifts or loans to petitioners from family and              
          friends.                                                                      
               In sum, the 1989 net worth computation is premised on an                 
          apples-and-oranges comparison of petitioner husband’s opening net             
          worth (unreliably assumed to be zero) and petitioners’ joint                  
          ending net worth, counting petitioners’ joint assets and                      
          expenditures to petitioner husband’s disadvantage, while failing              
          to count petitioner wife’s 1989 income–-upon which she has                    
          already paid Federal income tax–-or separate assets, which were               
          available to fund petitioners’ joint expenditures.                            
               Taxpayers may not avoid the imposition of legally due taxes              
          by concealing facts, but neither may the Commissioner base his                
          determination on a “‘strong underlying element of guesswork.’”                
          Jacobs v. Commissioner, T.C. Memo. 1974-73 (quoting Polizzi v.                
          Commissioner, 265 F.2d 498, 502 (6th Cir. 1959)).  Taking into                
          consideration the warnings in Holland v. United States, 348 U.S.              





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