Stewart L. and Patricia A. Welch - Page 6




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          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 the           






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