James O. Jondahl - Page 37

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         seller and WFIC as the buyer.  It is signed on behalf of WFIC by             
         petitioner’s sister, Janeen Conrad.  Petitioner did not produce              
         any accompanying documents, such as the title to the property,               
         the IRET mortgage, the canceled note to petitioner, or any Forms             
         1099 showing interest paid on the IRET mortgage.  The record does            
         not show that petitioner transferred title to Lone Tree Manor to             
         Lori (for sale to WFIC) or WFIC.  We do not believe that                     
         petitioner has met his burden of proving that WFIC owned Lone                
         Tree Manor at any time.  We conclude that capital gain of $20,244            
         from the repossession of Lone Tree Manor was income to petitioner            
         for 1990.                                                                    
              C.   Other Income                                                       
              Respondent argues that petitioner received multiple items of            
         unreported income in each year at issue.  Petitioner argues that             
         he is not liable for income tax on the unreported items for                  
         various reasons.  Petitioner bears the burden of proving that the            
         items listed in the notice of deficiency are not taxable to him.             
         Respondent bears the burden of showing that petitioner received              
         $3,000 from Taxman in each of 1990, 1991, 1992, and 1993.                    
                   1.   Unreported Income in 1990                                     
              Respondent adjusted petitioner’s 1990 income to include                 
         Taxman’s $6,000 payment of the settlement judgment against                   
         petitioner in connection with his clients’ tax shelter                       
         investments.  Petitioner argues that Taxman assumed the                      






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