- 36 - that funds came from Mr. Arberg’s work. They made no explicit claim regarding an exclusive source and certainly offered no information as to the possibility of prior commingling, nor did they discuss or address any other potentially relevant issues. Lastly, with respect to their so-called legal preclusion doctrine, petitioners have again failed to make a predicate factual showing. See Commissioner v. First Sec. Bank of Utah, N.A., 405 U.S. 394, 395, 403 (1972) (declining to permit allocation of income by the Commissioner under section 482 to a taxpayer “that he did not receive and that he was prohibited from receiving”). Although petitioners state on brief that Ms. Quinn was prohibited due to her employment from beneficially owning a securities account or trading in securities for her own account, they testified that she received permission from her supervisor to establish the E Trade account. They introduced no evidence or testimony to delineate the parameters or conditions of any such permission, so the Court is unable to evaluate limitations as to this particular account. Accordingly, without even delving into the host of legal strictures and requisites that would bear upon the applicability of petitioners’ theories, the Court is satisfied that patent deficiencies in the underlying factual record would short circuit petitioners’ attempts to reach their desired result through these avenues. Therefore, the transactions in the E Trade account mustPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: November 10, 2007