- 45 - totaling $15,396.37.19 As previously stated, petitioner has failed to meet his burden of proof on this issue, see Rule 142(a)(1); we therefore hold that the J&J Trucking payments of $15,396.37 are includable in petitioner’s gross income for 1993. Petitioner admitted that in 1993 he repaid a loan to Bank of America of $17,300. Petitioner did not establish the source of the funds he used to repay this loan. Petitioner testified that the living trust either had the money on hand or borrowed it to repay the loan. After reviewing the trust bank account statements on and around the loan repayment date, we cannot find a withdrawal or check that approximates the $17,300 payoff amount. Nor has petitioner provided any loan documentation to support his suggestion that the Bank of America loan was satisfied using newly borrowed funds. Respondent determined that petitioner used unreported income to repay the loan. Because petitioner has failed to meet his burden of establishing the source of the funds used to repay the loan, see Rule 142(a)(1), we sustain respondent’s determination that petitioner used unreported income to repay the loan. For 1994, petitioner filed separate individual and fiduciary income tax returns, reporting all his business and personal income on the fiduciary return. The trust bank account 19 This is contrary to respondent’s assertion that J&J Trucking payments totaled $16,796 for 1993.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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