Richard D. Irving and Cynthia A. Burrough Irving - Page 8

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               Petitioners do not dispute respondent’s use of the bank                
          deposits method of reconstruction and do not allege any specific            
          error in respondent’s computations.  Rather, we understand                  
          petitioners to contend that they maintained business records                
          during the years in issue that were subsequently lost or                    
          destroyed, that the 2000 and 2001 tax returns accurately reported           
          petitioners’ income and expenses for the years in issue in                  
          accordance with their lost or destroyed business records, and               
          that respondent’s determinations are therefore erroneous.                   
               The record demonstrates that petitioners failed to produce             
          books and records from which respondent could determine their tax           
          liability for the years in issue.  Consequently, we conclude that           
          respondent’s use of the bank deposits method was proper.  See               
          Estate of Mason v. Commissioner, supra.  The record further                 
          demonstrates that respondent properly computed the gross receipts           
          and business expenses for petitioners’ 2000 and 2001 tax years              
          under the bank deposits method, as discussed below.                         
               With respect to petitioners’ gross receipts, the parties               
          stipulated that deposits into the bank accounts during 2000                 
          totaled $222,467.13, including $90,804.03 of nontaxable items and           
          $16,135.08 of transfers.4  Additionally, the parties stipulated             
          that deposits into the bank accounts during 2001 totaled                    


               4We note that such “transfers” are nontaxable and could have           
          been grouped together with the other nontaxable items.                      





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