- 20 - basis for excluding all or any part of the lump-sum payment in this case. Petitioner argues that the lump-sum payment was made to reimburse him for "relocation expenses", and petitioner claims to have incurred relocation expenses "greatly exceeding" the lump-sum payment. However, petitioner presented no proof that he incurred any such relocation expenses. Indeed, in his posttrial brief, petitioner never identifies the payees of such expenses, nor does he give the amounts, dates, and purposes of any such payments. At trial, he suggested, at one point, that his relocation expenses consisted of cash payments made to his sons and his former wife ("I gave each son $5,000, I gave her 10, and $18,000 to move–-"). At another point, petitioner made reference to "receipts from the moving company" that were left in the abandoned safe when the undercover investiga- tion terminated. Petitioner never substantiated any such payments, such as by obtaining duplicate "receipts" from the moving company. Thus, even if the lump-sum payment were excludable from gross income to the extent used to defray relocation expenses, petitioner has not substantiated that he paid any such relocation expenses. To the extent that petitioner claims to be entitled to deduct some part of the payment as relocation expenses,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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