- 36 - We reemphasize that respondent’s determination of a deficiency is presumed correct, and it is petitioner who bears the burden of proving that determination incorrect. Since petitioner bears the burden of proof, he must also bear the onus of failed recollection and the lack of documentary evidence. Further, petitioner has created the situation in which he now finds himself by failing to document properly his various real estate transactions, in failing to maintain and keep adequate records, and by unnecessarily complicating those transactions. We hold that petitioner is responsible for 100 percent of the gain realized on the sale of Lot 23 in 1985. 4. Silver Lake (OS-01.4) FINDINGS OF FACT On September 30, 1975, petitioner, as trustee, purchased property in Osceola County, Florida, which we refer to as “Silver Lake” (OS-01.4). In November 1978, petitioner, as trustee, sold Silver Lake to L.R. Donnell, Jr., as trustee, for $70,000. On February 5, 1979, Mr. Donnell, as trustee, conveyed Silver Lake to Mr. Miles, as trustee, for no consideration. On October 31, 1980, Mr. Miles, as trustee, sold Silver Lake to Don Prewitt, as trustee, for $220,600. Mr. Prewitt issued a purchase money mortgage for $180,000 to Mr. Miles and paid the balance. Mr. Miles, as trustee, received the following principal and interest payments in 1985, 1986, and 1987:Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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