- 90 - 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.Page: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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