Warren R. Ketler - Page 14




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          in petitioner's own name and used petitioner's Social Security              
          number and address.                                                         
               In reconstructing petitioner's income, respondent has                  
          properly excluded several items from the total deposits in                  
          account No. 308-8083971.  Respondent excluded these items because           
          they appeared to be transfers from account No. 308-8064948, and,            
          as such, they had already been included as income in the form of            
          deposits to account No. 308-8064948.  From the remaining amounts            
          in each account, respondent also properly subtracted a number of            
          items that appeared to be checks issued in payment of deductible            
          business expenses.  The remaining unexplained deposits totaled              
          $81,773 and $55,990 for the respective years in issue.                      
          Respondent invited petitioner to confer so that petitioner could            
          explain the transactions in these bank accounts, but petitioner             
          refused to do so.  When asked at trial to explain the                       
          transactions reflected in these accounts, petitioner again                  
          declined to do so.                                                          
               We hold that under the bank deposits method, respondent has            
          borne the burden of showing that these amounts, $81,773 and                 
          $55,990, are additional unreported taxable income for the years             
          1990 and 1991, respectively.  See United States v. Stone, 770               
          F.2d 842, 845 (9th Cir. 1985); United States v. Soulard, 730 F.2d           
          1292, 1298 (9th Cir. 1984).                                                 
          B.  Petitioner's Legal Contentions                                          
               On brief, petitioner's response to the deficiencies and                
          additions to tax has been to assert discredited tax-protester               

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