Steven H. Toushin - Page 10




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               returned on deposits, checks written to "cash," * * *,                 
               cash contents of safe deposit boxes, in addition to                    
               money on hand at the beginning of the taxable year.                    
               The expert then adds cash received from nontaxable                     
               sources of income--including loans, advances from                      
               credit cards, gifts, and inheritances--to cash                         
               generated by sources and compares this total to the                    
               amount of purchases and services for which the taxpayer                
               paid cash.  If the cash expenditures exceed the                        
               sources, the tax expert infers that the taxpayer failed                
               to report income.  [Citations omitted.]                                
               12  Although the term "cash" is often intended to                      
               include purchases made with checks, the cash method, as                
               defined by the government, does not include checks as a                
               type of cash.  * * *                                                   

          See also 1 Fink, Tax Fraud, sec. 17.03[7], at 17-30 (1998).                 
               Utilizing this method, respondent determined that petitioner           
          had unreported income of $59,411, $57,656, and $43,857 in 1980,             
          1981, and 1982, respectively.                                               
               B.  Petitioner's Cash On Hand as of January 1, 1980                    
               Petitioner does not challenge respondent's authority to use            
          the cash method.  Rather, petitioner contends that respondent               
          incorrectly used the cash method because respondent failed to               
          account for petitioner's beginning cash on hand.                            
               Respondent determined petitioner had no cash on hand as of             
          January 1, 1980.  Petitioner claims he had a cash hoard of at               
          least $80,000 in his home safe as of that date.                             
               Petitioner admitted in his guilty plea that he had                     
          unreported skimmed income from the Bijou in 1980 totaling                   
          $59,411.  This figure was computed based on cash on hand of $0 as           





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