Bruno and Francesca Tabbi - Page 18

                                       - 18 -                                         
          taxpayer does not maintain adequate books and records, respondent           
          may reconstruct a taxpayer's income by any reasonable method                
          which clearly reflects income.  Sec. 446; Holland v. United                 
          States, 348 U.S. 121, 130-132 (1954).  The bank deposits method             
          has long been approved by the courts as a method for computing              
          income.  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               
          656-657.8                                                                   
               Respondent's determination is presumed to be correct, and              
          petitioners bear the burden of proving otherwise.  Rule 142(a);             
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  Petitioners must             
          overcome the presumption as to each item of unreported income in            
          respondent's deficiency determination.  Foster v. Commissioner,             
          391 F.2d 727, 735 (4th Cir. 1968), affg. in part, revg. in part             
          on other grounds T.C. Memo. 1965-246.                                       
               Petitioners argue that respondent erred in including in                
          their income for 1987:  $11,502 from Americana's bank account,              
          $23,6159 from petitioner husband's use of the Earl Kiem escrow              

               8 Respondent concedes that petitioners are not liable for              
          tax on other income items of $100 for 1987 and $144 for 1988.               

               9 Respondent calculated that petitioners had taxable income            
          of $23,615 from their personal use of funds in the Earl Kiem                
          escrow account as follows:                                                  
                                                             (continued...)           




Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011