- 126 - business. Respondent has shown by clear and convincing evidence the likely source of the $59,000; i.e., petitioner’s real estate business. Petitioner was regularly engaged in the real estate business during 1985, and he received a substantial amount of unreported income during that period from that business.82 Petitioner did not maintain adequate records for his real estate transactions or development activities, and there is substantial evidence of an intent to conceal income received in that business. Given those circumstances, we find that the real estate business provides a likely source for the $59,000 cashier’s check. Petitioner argues, on the other hand, that the $59,000 cashier’s check is traceable to a $70,000 check from Washington International, and that check represents a loan. Petitioner contends that respondent has not proven this source to be a taxable source and that, indeed, he was aware of this $70,000 check during the examination, but he did not classify it as income. First, we note that respondent, having shown a likely taxable source for the $59,000 deposit, does not bear the burden of negating nontaxable sources alleged by petitioner. Holland v. 82Petitioner’s financial statement dated Nov. 15, 1985, also reveals certain items of income receivable in petitioner’s real estate business that could provide a likely source of the deposit. For example, the financial statement shows notes and mortgages receivable of $329,210, annual income from rentals of $40,000, and “Projected annual income from Monarch Realty” of $40,000.Page: Previous 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Next
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