Robert A. Fisher - Page 6

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          (1991), affd. 959 F.2d 16 (2d Cir. 1992).  Because petitioner               
          failed to produce books and records, respondent reconstructed his           
          income from bank deposits.  Respondent's reconstruction consisted           
          of adding petitioner's deposits, identifying any deposits which             
          represented interaccount transfers, and identifying duplications            
          with the IRP information.  At trial, respondent further made                
          reductions in the bank deposits calculation.  Petitioner has                
          failed to show that respondent improperly reconstructed his gross           
          income.  Indeed, respondent has provided sufficient evidence to             
          convince this Court that the notice of deficiency was neither               
          arbitrary nor unreasonable.  Therefore, the burden rests with               
          petitioner to demonstrate that respondent's determinations are              
          erroneous.  Rule 142(a).                                                    
               Petitioner has introduced no credible evidence that                    
          disproves any element of respondent's deficiency determination.             
          Petitioner failed to produce books or records.  However, we shall           
          address several issues petitioner raised at trial regarding the             
          accuracy of respondent's determinations.  First, petitioner                 
          testified that while he was employed as a public insurance                  
          adjuster, he deposited funds into his account and later                     
          transferred a portion of the same funds to his clients.  However,           
          petitioner failed to offer any evidence regarding the specifics             
          of these alleged transfers to alleged clients.  He produced no              
          canceled checks, witnesses, or other records.  We find that                 
          petitioner's vague and self-serving testimony does not substitute           




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