Ralph J. and Mary H. Muegge - Page 11




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            T.C. 592, 600 (1956), affd. in part and revd. in part on other                             
            grounds 258 F.2d 544 (5th Cir. 1958).  A reimbursement is in the                           
            nature of a repayment of borrowed funds, which is not taxable.                             
            See Gulf Life Ins. Co. v. United States, 35 Fed. Cl. 12, 19                                
            (1996), affd. 118 F.3d 1563 (Fed. Cir. 1997).                                              
            B.    Whether Petitioners Proved That Their Expenses Totaled                               
                  $91,250                                                                              
                  Respondent contends that petitioners have not substantiated                          
            the amount of their expenditures on behalf of Mr. Stern.  We                               
            disagree.  See Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir.                            
            1930), affg. in part and remanding 11 B.T.A. 743 (1928).  Mr.                              
            Stern paid for nothing except his doctor bills during the 5 years                          
            that he lived with petitioners.  Petitioner paid for everything                            
            else that Mr. Stern needed or wanted, including hotels,                                    
            transportation, food, clothing, personal items, medicines and                              
            balms, hearing aid, eyeglasses, denture and eyeglass repair,                               
            laundry, dry cleaning, office supplies, sundries, periodicals,                             
            and many other expenses.  Petitioner testified credibly that                               
            petitioners spent more than $91,250 on behalf of Mr. Stern.  We                            
            conclude that petitioners received $91,250 in nontaxable                                   
            reimbursement in 1993.4                                                                    

                  4  Petitioners point out that their position here was                                
            previously accepted by State and Federal courts.  The Marion                               
            Superior Court, Probate Division, found that petitioner was                                
            entitled to $91,250 as reimbursement for expenses petitioner                               
            incurred on Mr. Stern’s behalf.  Judge Daniel Tinder of the U.S.                           
            District Court for the Southern District of Indiana said in                                
                                                                         (continued...)                




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