Juan Rodriguez - Page 18




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                  While acknowledging that the burden of proof                        
                  rests upon the petitioner for this issue, common                    
                  sense would dictate the consideration of some                       
                  costs associated with moving the petitioner and                     
                  his family.                                                         

             Petitioner claims that the Internal Revenue Service had                  
             previously agreed "to allocate twenty percent (20%) of                   
             this payment toward relocation expenses."                                
                  Respondent argues that petitioner is required to                    
             include in gross income the entire lump-sum payment of                   
             $100,000 received from the FBI.  Respondent argues that,                 
             except for his self-serving testimony:  "Petitioner has                  
             not offered any evidence to prove he incurred the expenses               
             claimed or that the alleged expenses were deductible."                   
                  We agree with respondent.  There is no basis in the                 
             record of this case upon which we can find that some or                  
             all of the lump-sum payment should be excluded from                      
             petitioner's gross income.  According to the record, the                 
             FBI intended the payment to award petitioner a share of                  
             the seized property, to compensate petitioner for his                    
             cooperation, and to defray any relocation expenses he had                
             incurred.  The original telex requesting authorization to                
             make the payment states that it "represents a share of the               
             value of United States currency, certificates of deposit,                
             vehicles, residences, farms, and business locations seized               
             as a direct result of the cooperation furnished".  Rewards               





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