John R. Hernandez - Page 7




                                        - 6 -                                         
          1994) (Hernandez II), we dealt with similar facts regarding                 
          whether interest paid on the redemption of tax certificates sold            
          by Pasco County, Florida, for delinquent taxes owed on real                 
          property is excluded from gross income.  In both cases, we held             
          that the interest is not excluded from gross income under section           
          103 because the tax certificates are not obligations of a State             
          or political subdivision.  Hernandez v. Commissioner, T.C. Memo.            
          1998-46.  We follow our prior holdings, and we sustain                      
          respondent’s determination that interest from the tax                       
          certificates is includable in income under section 61(a)(4).                
               In Hernandez I and II, petitioner argued that he purchased             
          the tax certificates at auction on behalf of other people.  At              
          both trials, petitioner failed to present witnesses and documents           
          to support his arguments, and we held that petitioner must                  
          include the interest as his income.                                         
               In this case, petitioner also asserted that the tax                    
          certificates were purchased on behalf of third parties.  Vincent            
          Hernandez (Vincent), petitioner’s brother, testified generally              
          that he began investing in tax certificates through petitioner in           
          1984.  Vincent also testified that all of the interest income he            
          received through petitioner was deposited in Vincent’s account,             
          and that Vincent reported all of the interest income on his                 
          Federal income tax return.  Vincent did not produce any of his              
          tax returns, bank statements, or other documents to lend credence           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011