- 61 - explained the $180,000 as a rough estimate. At trial, he testified that the correct January 1, 1994, amount was roughly $60,000 to $70,000. He did not explain in his testimony why his rough estimates at trial differed from his rough estimate to Klimkiewicz by about $110,000 to $120,000. Nor did petitioners clarify this substantial difference on brief. (3) On numerous occasions Michael borrowed--sometimes from family and sometimes from business lenders--amounts for short terms and for long terms. In the case of borrowings from business lenders Michael incurred substantial interest expenses. Michael incurred these expenses without seeking to earn income on what he contended were large amounts in his cash hoard. Because he neither earned on his claimed cash hoard nor used his cash hoard to reduce borrowings when opportunities were presented, it is evident that Michael’s actions were not significantly affected by any evaluation of opportunity cost. (iii) Analysis In DeVenney v. Commissioner, 85 T.C. 927, 933 (1985), we stated that-- we cannot fail to note that the existence of a cash hoard is endlessly claimed by taxpayers to explain the existence of otherwise unexplained sources of funds. It is rare indeed that a taxpayer successfully proves this contention. In DeVenney, the taxpayers’ evidence prevailed completely; not only did it overcome the Commissioner’s fraud contentions, but itPage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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