Steven K. Han - Page 99





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          found petitioner diverted from his corporations in 1988 is to be            
          treated as a gain from the sale or exchange of property.                    
          Dividend Income Issue                                                       
               In the notice of deficiency, respondent determined that                
          petitioner had unreported income for 1988 of $12,91251 relating             
          to dividend income credited to his FCIS account and to P-B No. 2.           
          Petitioner has the burden of proving that he did not underreport            
          his income relating to those accounts.  Rule 142(a).  Respondent            
          contends that petitioner did not offer any credible evidence                
          regarding this issue.                                                       
               By amendment to his answer, respondent additionally asserted           
          that petitioner had unreported income for 1988 of $20,641                   
          relating to dividends credited during 1988 to the Sam Han, Chung            
          No. 1, and Chung No. 2 accounts.  The parties agree that those              
          three accounts received dividend income totaling $20,641 during             
          1988.  Respondent has the burden of proving the increased                   
          deficiency relating to the $20,641 dividend income.  Rule 142(a).           
          As previously noted, the Sam Han, Chung No. 1, and Chung No. 2              
          accounts were owned and controlled by petitioner.                           
               Petitioner contends that none of the $33,554 in dividends in           
          the original determination or the amended pleadings is taxable              


               51 The parties have stipulated that the dividends paid on              
          stocks in the FCIS and P-B No. 2 accounts totaled $12,912.                  





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