- 5 - beginning of the tax year. Petzoldt v. Commissioner, supra at 695; Burgo v. Commissioner, supra at 743. At one time, petitioner asserted that the unreported income represents nontaxable loans or gifts from his mother in the approximate amounts of $7,000 and $49,000 for the 1996 and 1997 taxable years, respectively, and $4,000 from his aunt.4 At trial, however, he did not testify as to any specific amounts that he received. As discussed, according to petitioner, his mother and aunt sold capital assets and gave the proceeds to him in the form of either cash or cashier’s checks, and he used these funds to pay his personal expenses. Petitioner, however, did not provide any documentation to substantiate these purported loans or gifts. The record is devoid of any loan agreements; Form 1099-B, Proceeds from Broker and Barter Exchange Transactions, relating to his mother’s or aunt’s sale of capital assets; or the alleged cashier’s checks. See Wynn v. Commissioner, T.C. Memo. 1996-415. Additionally, upon examination of respondent’s financial information concerning petitioner’s mother and aunt for 1995, 1996, and 1997, it does not appear that either had the financial capability to make such large loans or gifts to petitioner.5 See Holland v. United States, 348 U.S. 121, 135-137 4 We note that except for 1997, even if these amounts are correct, there still are substantial understatements of income. 5 From respondent’s summary of records, it appears that (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
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