- 11 - appear to claim that this amount should be considered as additional nontaxable income because it was transferred from another account under petitioners’ control. However, petitioners stipulated prior to trial to the amount of the deposits that represented nontaxable amounts, and we are not persuaded that respondent did not already consider sales proceeds in determining nontaxable transfers, in part because the amounts stipulated as nontaxable exceeded the sales proceeds. Petitioners failed to identify or prove specific deposits made into their bank accounts from their brokerage account that coincide in time or amount to the sales of capital assets. Petitioners are raising a belated argument based on speculation that lacks credibility. Petitioners dispute the remaining $120,000, claiming that this amount represented a loan from petitioner’s deceased father. Prior to trial, during examination of their return and in response to discovery requests, petitioners did not mention any loan from petitioner’s father. At trial, petitioner testified that he received a loan from his father in 1996 of $140,000 that was paid to him over time, in various increments, in both cash and wire transfers. Petitioner stated that about $50,000 or $60,000 was lent to him in cash and was deposited in various bank accounts maintained by petitioners. Petitioner stated that he repaid about $6,000 of the loan prior to his father’s death. Petitioners claim in their reply brief that $120,000 of the loanPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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