Lesely J. and Aljournia Moore - Page 10




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          numerous bank deposits and cash expenditures from unexplained               
          sources.  The bank deposits plus cash expenditures method is a              
          recognized method of recomputing income.  See Parks v.                      
          Commissioner, supra; Nicholas v. Commissioner, 70 T.C. 1057,                
          1065 (1978).  Petitioners bear the burden of showing that                   
          respondent’s determinations based on his application of the bank            
          deposits plus cash expenditures method of reconstructing income             
          are erroneous.2  See Rule 142(a); Parks v. Commissioner, supra              
          at 658; Nicholas v. Commissioner, supra at 1064.                            
               Petitioners have alleged, and we have discovered, no                   
          infirmity in respondent’s reconstruction of their income using              
          the bank deposits plus cash expenditures method.  Petitioners               
          produced no credible evidence of any nontaxable sources for the             
          unexplained funds deposited into their banking accounts or the              












               2 The Internal Revenue Service Restructuring & Reform Act of           
          1998 (RRA 1998), Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726,            
          added sec. 7491, which shifts the burden of proof to the                    
          Commissioner in certain circumstances.  Sec. 7491 is applicable             
          to court proceedings arising in connection with examinations                
          commencing after July 22, 1998.  See RRA 1998 sec. 3001(c).                 
          Because respondent’s examination of petitioners commenced before            
          July 23, 1998, sec. 7491 is inapplicable here.                              




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