- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011