- 26 -- 26 - petitioners had reported all of their income for those years.16 Consequently, respondent had to reconstruct petitioners' income for those years. Under such circumstances, petitioners generally will be "held accountable for any imprecision in the language employed in the notice of deficiency and for any procedural or evidentiary consequences flowing therefrom." Beck v. Commis- sioner, 74 T.C. 1534, 1549 (1980). In the present case, respondent's determination in the notice was that, under the bank deposits method, petitioners have unreported income for the years at issue. In such a case, it is well established that (1) the deposits into petitioners' accounts during the years at issue are prima facie evidence of income; (2) respondent is not required to prove a likely source for that income; and (3) petitioners are required to establish that the deposits at issue are not taxable or that they represent income that they previously reported. See Calhoun v. Commissioner, 591 F.2d at 1245; Marcello v. Commissioner, 380 F.2d at 511; Clayton v. Commissioner, 102 T.C. at 645; Tokarski v. Commissioner, 87 16 Around the time the petition was filed in May 1994, several months after respondent mailed the notice to petitioners, peti- tioners prepared certain schedules that purport to identify (1) the sources of certain deposits made into petitioners’ accounts during each of the years at issue (petitioners' sched- ules of deposits) and (2) certain expenses paid from those accounts during each such year (petitioners' schedules of ex- penses). Petitioners claim that petitioners' accountant, Mr. Bernard, worked with them in preparing those schedules. The nature and the extent of any such work by Mr. Bernard, whom petitioners did not call as a witness, are not disclosed by the record.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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