- 4 - On audit, respondent prepared and filed Federal income tax returns for petitioner for 1991, 1993, and 1994. Among other adjustments, for 1991 respondent charged petitioner with the $22,192 in interest income on the Bank Leumi CD. For 1994, respondent charged petitioner with the $162,000 in gambling winnings from Caesar’s Palace and the $101,500 in lottery winnings. Due to lack of substantiation, respondent allowed petitioner no gambling costs. Respondent also did not allow petitioner an exemption for his wife for any of the years in dispute. In early 1995, in conjunction with a criminal investigation of petitioner, the attorney general of New York was granted a subpoena and seized many of petitioner’s business records. The indictment against petitioner was later dismissed. In 1998, the attorney general of New York returned to petitioner some of his business records. OPINION For the years in issue, respondent’s adjustments ordinarily carry with them a presumption of correctness. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). However, with regard to the $22,192 in interest income relating to the certificate of deposit, petitioner contends that under section 6201(d) the burden should be on respondent to prove that the interest income should be charged to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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