Juan Rodriguez - Page 20




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             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,               






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