- 6 - Hoffman v. Commissioner, 298 F.2d 784, 786 (3d Cir. 1962), affg. in part T.C. Memo. 1960-160. Under that method, the excess of a taxpayer’s cash expenditures during a taxable period over his or her known sources of income for that period is taxable income, unless the taxpayer establishes that the expenditures were made from a nontaxable source of funds. DeVenney v. Commissioner, 85 T.C. 927, 930 (1985). Petitioners contend that the excess expenditures are attributable to two nontaxable sources of funds; i.e., (1) cash on hand as of January 1, 1993, and (2) loans and gifts from family members. As to the first source, petitioners argue that they had a cash hoard of approximately $16,000 as of January 1, 1993. Petitioners contend that this hoard remained from the settlements received in 1990 by Messrs. Welch and Ruth. We are unpersuaded that this is so. Instead, the totality of the evidence establishes that little, if any, of the settlement funds remained as of January 1, 1993. Whereas petitioners testified to the contrary, we find that testimony uncorroborated and questionable and decline to rely on it. Neonatology Associates P.A. v. Commissioner, 115 T.C. 43, 87 (2000); see also Cannon v. Commissioner, 533 F.2d 959, 961 (5th Cir. 1976), affg. Ash v. Commissioner, T.C. Memo. 1974-219. Nor does the record persuade us that petitioners received the alleged loans and gifts from family members. In light of thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011