- 8 - the burden of substantiating this basis. Rule 142(a); Welch v. Helvering, supra. A taxpayer’s characterization of an item on his income tax return may be considered as an admission against interest on the part of the taxpayer. Times Tribune Co. v. Commissioner, 20 T.C. 449, 452 (1953). Since petitioner’s original income tax return listed the units with a zero basis, petitioner has not presented any evidence regarding the basis of the partnership units, and has therefore not satisfied his burden, we sustain respondent’s determination. B. Assignment of Income Petitioner argues that the Securities Act prohibits petitioner from depositing the purchasers’ checks into his own account and using the money for his private use. Petitioner states that the Act does not allow solicitation or advertisement of the partnership units, and therefore there is no market for the units and only Colorcom can sell the units. Petitioner also argues that because Colorcom sold the units and informed the purchasers that their investments would be used on the computer project, it would be illegal for petitioner to keep the proceeds. While the partnership units may be covered by the Act, the units that were sold belonged to petitioner and not Colorcom. It is well established that income remains taxable to a taxpayer when he earns it or derives it from property he owns. HelveringPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011