-7- home over the Christmas holiday and to buy Christmas presents for them and members of the extended family. They assert that the $2,500 was wired to them from Ms. McDermott’s mother to apply towards their daughter’s college tuition for the fall semester. They assert that the $831 deposit came from a nontaxable source. We need not decide which party bears the burden of proof in this case in that we can and do decide this case on the basis of the record.4 Petitioners generally support their assertions as to the tax status of the deposits by their respective testimony and the introduction of certain documentary evidence. On the basis of the record at hand, we are persuaded that none of the six deposits are includable in petitioners’ 1995 gross income. We have considered all of the parties’ arguments and reject those arguments not discussed herein as meritless. Decision will be entered under Rule 155. 4 Sec. 7491 does not apply to this case because the examination of petitioners’ tax return commenced before July 22, 1998, the effective date of that section. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011