- 38 - account of unreimbursed expenses related to Congo Trust. Respondent concedes that adjustment on the ground that it was a mistake (it should have been a positive adjustment). A third adjustment is a positive adjustment in the amount of $65,951 on account of trust “gross receipts”. From respondent’s trial memorandum, we learn that such third adjustment combines two adjustments, the first being an adjustment of $63,481, on account of the income distribution received by the C E Shirley Trust, and the second being an adjustment of $2,470 on account of gross receipts from business omitted from gross income by the C. Shirleys. Respondent concedes the $63,481 adjustment on the ground that it duplicates, in part, the adjustment made to the J. Shirleys’ gross income on account of Alexion Trust’s gross receipts. The $2,470 adjustment constitutes a new matter, on which respondent bears the burden of proof. See Rule 142(a). We accept respondent’s concessions and agree he bears the burden of proof with respect to the $2,470 item. Given respondent’s concessions, we are left to consider three positive adjustments: interest income of $25, unreported deposits of $33,980, and unreported business gross receipts of $2,470. 2. Discussion In the C. Shirleys’ notice of deficiency, respondent’s ground for the interest adjustment is: “All interest income isPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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