- 46 - statements reflected deposits of 12 J&J Trucking checks for $1,399.67 each, with one of those checks being returned for insufficient funds, for net deposits of $15,396.37.20 Petitioner again 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 1994. Also during 1994, petitioner deposited $187,574 into the trust bank account, which included the J&J Trucking deposits previously described. Respondent conceded that $114,839 of those deposits represented either nontaxable items or taxable amounts that were already reported by petitioner on his 1994 fiduciary return. Accordingly, petitioner was left to account for $57,339 of unreported income.21 Our review of the trust bank account statements and copies of deposited checks indicates that the deposits at issue related to petitioner’s real property or equipment rental activities. However, petitioner has not provided any documentary evidence to show that the amounts were nontaxable. Because petitioner has failed to meet his burden of proof on this issue, see Rule 20 This is contrary to respondent’s assertion that J&J Trucking payments totaled $16,796 for 1994. 21 $187,574 deposits minus $114,839 concessions minus $15,396.37 J&J Trucking payments equals $57,339 (rounded).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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