Sam F. Ford and Ingrid D. Ford - Page 14

                                       - 14 -                                         
          met his minimal burden of establishing a source of income                   
          underlying his determination of deficiency.  See Weimerskirch v.            
          Commissioner, supra.                                                        
               Petitioners urge that we should find respondent’s                      
          determination arbitrary and erroneous because respondent lost               
          some of the evidence upon which it was based.  Petitioners’ only            
          evidence in support of their argument is their own testimony.  We           
          do not find petitioners credible; their testimony was                       
          inconsistent and implausible, as discussed infra.  We hold that             
          respondent correctly determined unreported net capital gains of             
          $2,341,878 for 1986.                                                        
          II. Other Unreported Income                                                 
               We next decide the correctness of the increased deficiency             
          based upon the $2.8 million of unreported income asserted by                
          respondent in an amended answer.  Respondent bears the burden of            
          proof on this issue.  Rule 142(a).  In support of his increase,             
          respondent points the Court to Mr. Ford’s previously quoted                 
          allocution and his testimony before this Court, both of which               
          were under oath and made while represented by counsel.  During              
          his allocution Mr. Ford acknowledged that he had: “failed to                
          include income in excess of $2.8 million I had received from the            
          sale of securities belonging to me which I had secreted in                  
          accounts in the name of my son and others”.                                 








Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011