David A. Demetree - Page 8

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          methods was appropriate, respondent’s determinations were not               
          arbitrary or excessive, and petitioners bear the burden of going            
          forward.  See Merritt v. Commissioner, 301 F.2d 484, 486 (5th               
          Cir. 1962), affg. T.C. Memo. 1959-172; Schroeder v. Commissioner,           
          40 T.C. 30, 33 (1963).                                                      
               Respondent concedes that, pursuant to Rule 142(a), he bears            
          the burden of proof on matters relating to the increases in the             
          deficiencies pleaded in his amendment to answer.  With respect to           
          all of the remaining matters, our conclusion is unaffected by who           
          bears the burden of proof.3  Accordingly, we need not address the           
          parties’ burden of proof contentions.                                       
          II.  Respondent’s Income Determinations                                     
               Respondent contends that David failed to report income he              
          received from Demetree and Associates and property he had                   
          transferred to family members and friends.  Petitioners contend             
          that the amounts they received were gifts and loans and that                
          David’s transfers of properties were bona fide transactions.                
               A.  Demetree and Associates                                            
               Respondent contends that all of the income earned by                   
          Demetree and Associates should have been attributed to David                
          because he, and not Arthur, controlled the business.  Respondent            
          asserts that:  David performed the managing and leasing                     
          activities relating to Demetree and Associates; Arthur was never            

               3  Sec. 7491 is inapplicable because the examination of                
          petitioners’ returns began before the statute’s effective date.             




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