- 100 - petitioner has failed to satisfy his burden of establishing that the $15,000 cashier’s check issued by Home Savings of America and payable to him represented a business loan from Mr. Reingatch. Alleged Reimbursements Petitioner contends that during 1993 $27,474 of the deposits into petitioner’s accounts, including payments against the balances due on petitioner’s credit accounts and cash received in connection with certain of those deposits, represented reimburse- ments from MZ Trading for certain expenses that he had paid on its behalf. According to petitioner, $25,362 of the $27,474 at issue related to 15 checks from MZ Trading,54 and the balance of that total amount at issue ($2,112) related to five checks from Mr. Guterman.55 53(...continued) Reingatch for purposes other than as repayments of a loan. In this connection, petitioner failed to offer into evidence any credible documentary evidence, such as a promissory note, showing that the $15,000 cashier’s check issued by Home Savings of America and payable to petitioner represented a business loan from Mr. Reingatch. We infer from petitioner’s failure to proffer any such evidence that any such documentary evidence does not exist and that, if it does exist, it would not have substan- tiated petitioner’s position regarding that check. 54With respect to the 15 checks from MZ Trading totaling $25,362, petitioner contends in the alternative that those checks represented nontaxable returns of his capital in MZ Trading. On the instant record, we find that petitioner has failed to carry his burden of showing that MZ Trading issued those checks to him as returns of his capital therein. Nor has petitioner estab- lished on the record before us his adjusted basis in his partner- ship interest in MZ Trading immediately before he received each of those checks. See sec. 731(a)(1). 55Petitioner failed to offer into evidence any credible documentary evidence supporting his position with respect to the (continued...)Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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