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petitioners received distributions totaling $749,930 from the
Fidelity IRA and the US Bancorp IRA. However, the parties
disagree as to what extent the distributions totaling $749,930
are included in petitioners’ gross income.
Respondent argues that $749,930 is included in petitioners’
gross income.12 The record establishes, and petitioners do not
dispute, that during November and December 2000, petitioners
received distributions from the Fidelity IRA totaling $160,000
and from the US Bancorp IRA totaling $589,930. Respondent has
met his burden of establishing a prima facie case that
petitioners received IRA distributions totaling $749,930.
Petitioners bear the burden of coming forward with evidence that
all or a portion of the IRA distributions are not included in
their gross income.
Petitioners argue that $285,603 of the $500,000 distribution
from the US Bancorp IRA was rolled over into another IRA and is
12 Petitioners argue that the numbers proposed by
respondent “should be discarded due to inconsistency and
generation of various random numbers generated by respondent in
[sic] various times.” At various times during preparation for
trial, respondent changed his position regarding what amount of
the rollovers and distributions were includable in petitioners’
gross income. It is worth noting that, on each occasion,
respondent reduced the amount included in petitioners’ gross
income as petitioners substantiated the various rollovers. Our
ultimate conclusion on this issue is not based on the changes in
respondent’s position, but instead is based on the record.
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