Joseph D. Doll and Charlotte J. Doll - Page 8

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          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.  Helvering            






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