- 37 - 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 thePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011