Tony J. Cavender - Page 7

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          including those immediately preceding and succeeding check No.              
          1546, cleared Champion’s bank account in January 1999.                      
               From October 1998 through January 1999, Champion’s bank                
          statements, with some variation, reflect significant positive               
          balances.  Petitioner controlled Champion, and he had control               
          over the funds in Champion’s bank account.                                  
               Respondent’s determination herein “has the support of a                
          presumption of correctness, and the petitioner has the burden of            
          proving it to be wrong.”  Welch v. Helvering, 290 U.S. 111, 115             
          (1933).  Petitioner has not met this burden.2                               
               Petitioner has offered no evidence that there was any                  
          requirement or understanding that the $95,233 check would be                
          returned to Champion.  At trial, none of Champion’s books and               
          records were produced.  Petitioner failed to call Champion’s                
          bookkeeper as a witness.  Wichita Terminal Elevator Co. v.                  
          Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th            
          Cir. 1947).                                                                 
               We conclude that, in addition to the $27,415 in wage income            
          not contested by petitioner, the $95,233 reflected by check No.             
          1546 is to be treated as wage income taxable to petitioner in               
          1998.                                                                       



               2 Petitioner has not satisfied the requirements of sec.                
          7491(a)(1) and (2) or the requirements of sec. 6201(d), under               
          which, in some circumstances, a shift to respondent in the burden           
          of proof or production may be available.                                    




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