- 137 - Markfel Realty negotiated.90 On the instant record, we find that petitioner has failed to carry his burden of establishing his basis in the Church Street property within the meaning of section 1012 and his adjusted basis in that property within the meaning of section 1011(a). On the record before us, we find that petitioner has failed to carry his burden of establishing 89(...continued) from any other evidence in the record that Markfel Realty depos- ited and/or cashed that check, nor do we know from the record the date on which that check was negotiated. For example, Markfel Realty could have endorsed that check to petitioner, who in turn deposited and/or cashed it. We are not satisfied from the copy of the front side of petitioner’s check to Markfel Realty dated May 18, 1990, or from any other evidence in the record that that check was ever negotiated. 90Assuming arguendo that we had been persuaded that peti- tioner’s two checks to Markfel Realty were negotiated by Markfel Realty, on the instant record, we find that petitioner has failed to carry his burden of showing that those checks represented funds paid by petitioner with respect to the Church Street property. We have found that during the course of petitioner’s dealings with Markfel Realty petitioner invested in several real properties and that any checks which petitioner wrote to Markfel Realty were for one or more of the following purposes: Initial respective investments in certain real properties, respective increases in his investment interests in certain real properties, and/or respective payments of his proportionate share of any expenditures with respect to such interests. Assuming arguendo that we had found that the copies of the front sides of peti- tioner’s two checks to Markfel Realty were negotiated by Markfel Realty, petitioner could have paid the proceeds of those checks to Markfel Realty with respect to real properties other than the Church Street property. Even if we had been satisfied from the instant record that the copies of the front sides of petitioner’s two checks to Markfel Realty were negotiated by Markfel Realty and that the proceeds of those checks were paid to Markfel Realty with respect to the Church Street property, petitioner could have paid those proceeds in order to invest in, to increase his investment in, and/or to pay his proportionate share of any expenditures with respect to that property.Page: Previous 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Next
Last modified: May 25, 2011