Charles R. Harp and April B. Harp - Page 44

                                                                               - 44 -- 44 -                                                                                
                    of those years.  Petitioners appear to argue further that, to the                                                                                      
                    extent that respondent did not treat those deposits as having                                                                                          
                    been so included, her computation of unreported income, based on                                                                                       
                    the application of the bank deposits method, is inaccurate.                                                                                            
                              If petitioners believe that respondent's method of computa-                                                                                  
                    tion of unreported income is unfair or inaccurate, the burden is                                                                                       
                    on them to show such unfairness or inaccuracy.  Price v. United                                                                                        
                    States, 335 F.2d 671, 677 (5th Cir. 1964).  In applying the bank                                                                                       
                    deposits method, respondent is not required to make an automatic                                                                                       
                    adjustment for amounts reported in the taxpayer's return if the                                                                                        
                    taxpayer fails to show that the reported amounts were in fact                                                                                          
                    used to make such deposits.  See Marcello v. Commissioner, 380                                                                                         
                    F.2d at 511.  Based on certain limited information that respon-                                                                                        
                    dent's revenue agent found reliable, that agent excluded from the                                                                                      
                    calculation of petitioners' unreported income those deposits that                                                                                      
                    that agent concluded had been reported income in petitioners'                                                                                          
                    1989 and 1990 returns.30  Based upon certain additional informa-                                                                                       
                    tion that petitioners provided to respondent subsequent to the                                                                                         
                    issuance of the notice and prior to the trial herein, respondent                                                                                       
                    reduced the amount of petitioners' unreported income for the                                                                                           
                    years at issue that she had determined in the notice on the basis                                                                                      
                    of the bank deposits method in order to reflect certain deposits                                                                                       
                    into petitioners' accounts during those years that respondent                                                                                          


                    30  See supra note 8.                                                                                                                                  




Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011