John R. Hernandez - Page 7




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          attributed to him because he received the interest income as a              
          nominee.  To prevail, petitioner must carry the burden of proving           
          that such income is not attributable to him or to Mrs. Hernandez.           
          See Rule 142(a).  As in Hernandez I, petitioner has failed to               
          present such proof.                                                         
               There is no nominee agreement or other written documentation           
          that petitioner held the income in question as nominee or agent             
          for others.  The money that petitioner received from the                    
          redemption of tax certificates was deposited in petitioner’s bank           
          accounts.3  Petitioner has failed to provide any credible                   
          evidence that demonstrates that such money was transferred to any           
          of the copayees.  Petitioner has also failed to provide any                 
          evidence that the copayees reported such interest income on their           
          Federal income tax returns.  None of the copayees testified at              
          trial.  Moreover, petitioner conceded that the interest income              
          reported on at least one Form 1099, which stated a copayee’s                
          Social Security number, belonged to him.  Petitioner also                   
          testified that he purchased tax certificates intending to give              
          the interest income to his grandchildren.                                   


          3    Since petitioner mentioned at trial that he had books and              
          records that he had failed to bring with him or to show                     
          respondent previously, we held the record open and permitted the            
          parties to stipulate the contents of those records.  The                    
          stipulation shows that petitioner probably intended to transfer             
          sums to various relatives.  But those persons did not testify in            
          this case, and we do not have proof that they supplied any of the           
          funds that petitioner invested, that they actually received                 
          interest income from these investments, or that they reported on            
          their tax returns any income from petitioner’s investments.                 




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