- 11 - As to that argument, respondent asserts that it was incumbent upon petitioners to substantiate the fact and amount of the loan. It is reasonable, according to respondent, not to concede an adjustment until he has received and verified adequate substantiation for the item in question. He therefore concludes that as to the unreported income adjustment, his position was reasonable when taken and appropriately conceded when substantiation was provided to Appeals. Petitioners argue that they provided to Appeals a copy of a "loan document" that verifies a $10,000 loan received by them from petitioner's father. Mere presentation of a note or "loan document" may not be sufficient evidence of the existence of such a loan. See Sullivan v. Commissioner, T.C. Memo. 1985-217. Further documentation and testimony might be required. See Kim v. Commissioner, T.C. Memo. 2000-83; Coutsoubelis v. Commissioner, T.C. Memo. 1993-457; Facuseh v. Commissioner, T.C. Memo. 1988-10; Mahigel v. Commissioner, T.C. Memo. 1983-529; Adams v. Commissioner, T.C. Memo. 1980-398. It is reasonable for respondent to make an adjustment for an item and refuse to concede the adjustment until he has received and verified petitioners' substantiation for the amount adjusted. See Beecroft v. Commissioner, T.C. Memo. 1997-23; Simpson Financial Servs., Inc. v. Commissioner, T.C. Memo. 1996-317; McDaniel v. Commissioner, T.C. Memo. 1993-148.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011