James J. McCarron III and Michelle McCarron - Page 12

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          revg. in part T.C. Memo. 1964-302; Halle v. Commissioner, 175               
          F.2d 500, 503 (2d Cir. 1949), affg. 7 T.C. 245 (1946).  Thus,               
          petitioners, not respondent, bear the burden of proving that                
          respondent's determination of underreported income, computed                
          using the bank deposits method of reconstructing income, is                 
          incorrect.  Parks v. Commissioner, 94 T.C. 654, 658 (1990);                 
          Nicholas v. Commissioner, 70 T.C. 1057, 1064 (1978).                        
               Petitioner gave respondent incomplete information regarding            
          his return preparation income and failed to deposit all the fees            
          he received.  Petitioner also failed to call Mr. Sundstrom, a               
          witness he claimed could corroborate that certain deposits were             
          loan proceeds.  Given the importance of Mr. Sundstrom in                    
          substantiating this purported loan, the Court assumes from his              
          absence that his testimony would not have corroborated                      
          petitioner's testimony.  Frierdich v. Commissioner, 925 F.2d 180,           
          185 (7th Cir. 1991), affg. T.C. Memo. 1989-393; see also Wichita            
          Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946)             
          (holding that if a party having the burden of proof fails to call           
          a witness who is available to testify, and that witness could               
          corroborate the taxpayer's testimony, the taxpayer's failure to             
          do so creates a presumption that the witness's testimony would              
          have been unfavorable), affd. 162 F.2d 513 (10th Cir. 1947).                









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