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During trial preparation, petitioner reiterated to
respondent’s counsel that during 1988 Air America and IL NA Tours
had paid him rent totaling $53,552 for their use of space in the
Lincoln Avenue I property. Before trial commenced, however,
petitioner retracted that statement and instead informed
respondent’s counsel that he had discovered he had not received
rent for use of space in the Lincoln Avenue I property from his
corporations. He claimed further that the rent deducted by IL NA
Tours constituted rent the corporation had paid to various
commercial rental agents on behalf of various subagents of IL NA
Tours. In support of his statement, petitioner submitted to
respondent’s counsel a number of checks made payable to third
parties with addresses in cities where certain NA Tours companies
were located. Those companies were separately incorporated
corporations wholly owned by petitioner. Petitioner bears the
burden of proving that he did not receive the rental income in
issue during 1988. Rule 142(a).
Petitioner contends that he did not receive rent from IL NA
Tours or Air America during 1988. According to petitioner, he
told the revenue agent that he “thought” the $53,552 in rent had
been paid to him for the use of space in his Lincoln Avenue I
property. He contends that he made the statement at a time when
he did not have any records relating to the transactions.
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