Robin F. and Anne F. Jenkins - Page 10

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            maintain or produce adequate books and records, the Commissioner is                        
            authorized to compute the taxpayer's taxable income by any method                          
            that clearly reflects income.  Sec. 446(b); Holland v. United                              
            States, 348 U.S. 121 (1954); Webb v. Commissioner, 394 F.2d 366,                           
            371-372 (5th Cir. 1968), affg. T.C.  Memo.  1966-81.  The                                  
            reconstruction of income need only be reasonable in light of all                           
            surrounding facts and circumstances. Giddio v. Commissioner, 54                            
            T.C. 1530, 1533 (1970); Schroeder v. Commissioner, 40 T.C. 30, 33                          
            (1963).  The Commissioner is given latitude in determining which                           
            method of reconstruction to apply when a taxpayer fails to maintain                        
            records.  Petzoldt v. Commissioner, 92 T.C. 661, 693 (1989).                               
                  For the years under consideration herein, petitioner                                 
            maintained inadequate books and records. As a result, respondent                           
            was required primarily to use the bank deposit method to                                   
            reconstruct petitioners' income.  "The bank deposit method assumes                         
            that all money deposited in a taxpayer's bank account during a                             
            given period constitutes taxable income."  DiLeo v. Commissioner,                          
            96 T.C. at 868.  Bank deposits are prima facie evidence of income.                         
            Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Estate of Mason v.                        
            Commissioner, 64 T.C. 651, 656 (1975), affd. 566 F.2d 2 (6th Cir.                          
            1977).  In analyzing a bank deposits case, deposits are considered                         
            income when there is no evidence that they represent anything other                        
            than income.  Price v. United States, 335 F.2d 671, 677 (5th Cir.                          
            1964); United States v. Doyle, 234 F.2d 788, 793 (7th Cir. 1956).                          






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