Monty Bisceglia and Patricia Bisceglia - Page 17




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          each year in issue, they had cash on hand of $2,500.  Assuming              
          that the stipulation is correct, any cash hoard in excess of this           
          amount obviously must have been depleted before December 31,                
          1993, in which case the omission of a cash hoard from the 1993              
          opening net worth could affect the results of the net worth                 
          analysis, as 1993 expenditures from such a cash hoard would                 
          represent a nontaxable source.  Petitioners do not contend,                 
          however, and the evidence does not show, that they expended the             
          $125,000 (or any specific amount thereof) during 1993.                      
               Petitioners argue that since respondent’s analysis reflects            
          petitioners’ liability on the Home Federal mortgage loan (as a              
          liability owed to Home Federal’s successor in interest, First               
          Tennessee Bank), the net worth analysis must be adjusted to also            
          include the $125,000 cash proceeds.  The fallacy of this argument           
          is that there is no proof that petitioners retained any cash                
          proceeds from the mortgage loan after 1992.  Even if we were to             
          assume, for sake of argument, that petitioners at some point in             
          1992 had $125,000 cash on hand from the mortgage loan, the                  
          evidence does not foreclose the possibility, among others, that             
          petitioners spent the $125,000 in 1992 on their residential                 
          property at 1037 Parham Place, which was collateral for the                 
          mortgage loan, or on one of their other properties which are                
          included in the net worth analysis.7                                        

               7 The 1037 Parham Place property is included in respondent’s           
          net worth analysis with a $160,000 value in the opening and                 
                                                             (continued...)           




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