Thai V. Pham and Khuy T. Bui - Page 16

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          contend that the $14,000 is composed of two loans and as such is            
          not taxable under section 61.  Respondent contends the $14,000              
          constitutes unreported taxable income and that petitioners have             
          failed to carry their burden of proving the determination                   
          inaccurate.                                                                 
               Respondent determined the unreported income using the bank             
          deposits method.  The use of the bank deposits method for                   
          computing income has been authorized by the courts for many                 
          years.  DiLeo v. Commissioner, 96 T.C. 858 (1991), affd. 959 F.2d           
          16 (2d Cir. 1992); Estate of Mason v. Commissioner, 64 T.C. 651,            
          656 (1975), affd. 566 F.2d 2 (6th Cir. 1977).  Bank deposits are            
          prima facie evidence of income.  Tokarski v. Commissioner, 87               
          T.C. 74, 77 (1986); Estate of Mason v. Commissioner, supra at               
          656.  In analyzing a bank deposits case, deposits will be                   
          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); Harlan v. Commissioner, T.C. Memo. 1995-309.           
          The burden, generally, is on the taxpayers to show that the bank            
          deposits were derived from nontaxable sources.  Rule 142(a);                
          Reaves v. Commissioner, 31 T.C. 690, 718 (1958), affd. 295 F.2d             
          336 (5th Cir. 1961); Romer v. Commissioner, 28 T.C. 1228, 1244              
          (1957).                                                                     
               Here, the use of the bank deposits method by respondent was            
          necessitated because petitioners lacked financial records for the           




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