- 134 - established that petitioner’s business of buying and selling real estate was a likely taxable source of this deposit. Petitioner alleges that the source of the deposit of $140,000 was a loan from Mr. Margolis. Petitioner did not call Mr. Margolis as a witness, and he did not provide any documentary evidence to support his claim that this amount was a loan. Petitioner’s claim that this item represents a loan is based solely on his testimony, which was uncorroborated, inconsistent, and not credible. Given these circumstances, petitioner’s use of Mr. Miles’s law firm’s trust account to transact his real estate deals, the substantial evidence of concealment of petitioner’s real estate sales and gains therefrom, and the form of the transaction that petitioner relies upon as a source of nontaxable income, we are convinced that the $140,000 was not a loan. Respondent has proven by clear and convincing evidence the following items of income for 1988: Item Amount Income conceded or stipulated $183,520 Disputed income conceded on brief 144,462 Sale of 10 acres from East Lake Vista 19,522 Deposit of $140,000 on July 8, 1988 140,000 Total 487,504 Respondent allowed the following deductions for 1988: Type of deduction Amount Schedule C expenses $301,910 Itemized deductions 44,651 Exemptions 3,900 Total 350,461Page: Previous 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Next
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