- 4 - the $105,000 was a loan from J. Mantakounis to petitioners, and not cash that petitioner found in a box. On July 25, 1997, petitioners’ attorney produced to Moore a “note”, the $154,000 check to J. Mantakounis, and the settlement sheet for the Springfield property as evidence of the loan. On April 15, 1999, petitioner met with Appeals Officer Walter Lyons (Lyons). At this meeting, petitioner denied that he ever mentioned finding the money in a box in his father’s house. Petitioner stated that J. Mantakounis sold property in Greece and that funds from that sale were loaned to petitioner. Petitioner first told Lyons that J. Mantakounis loaned him the money in Philadelphia. He later claimed that his father gave the cash to petitioner in Florida. On January 24, 2001, respondent sent to petitioners a notice of deficiency for 1991. Respondent determined that the $105,000 was unreported income, increasing petitioners’ taxable income accordingly. OPINION Unreported Income Generally, the taxpayer bears the burden of disproving the Commissioner’s determination. Rule 142(a); see Welch v. Helvering, 290 U.S. 111, 115 (1933); Clayton v. Commissioner, 102 T.C. 632, 645 (1994). Petitioners, however, argue that here the burden shifted to respondent under section 7491 becausePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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