Charles R. Harp and April B. Harp - Page 26

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                    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.                                                                                                                                                




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