Lee G. Gale - Page 45




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          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.                                 





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