- 23 - unexplained based upon the record and concessions made by respondent. Tables 4, 9, and 14 summarize the unexplained deposits and expenditures for the 3 years. Issue 1. Deficiencies in 1985, 1986, and 1987 Section 61 provides the general rule that gross income includes income from whatever source derived. To facilitate calculating that income, section 6001, as interpreted by section 1.6001-1(b), Income Tax Regs., requires taxpayers "to keep such records as will enable the district director to determine the correct amount". In the absence of such records, respondent may use indirect methods of proof of income such as the bank deposits method. DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Petzoldt v. Commissioner, 92 T.C. 661, 687 (1989); Estate of Mason v. Commissioner, 64 T.C. 651, 657 (1975), affd. 566 F.2d 2 (6th Cir. 1977); Estate of Hague v. Commissioner, 45 B.T.A. 104 (1941), affd. 132 F.2d 775 (2d Cir. 1943), affd. sub nom. Commissioner v. Uniacke, 132 F.2d 781 (2d Cir. 1942). Respondent's determinations are entitled to a presumption of correctness, and petitioner bears the burden of proof to rebut that presumption by a preponderance of the evidence. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933); see also Reid v. Commissioner, T.C. Memo. 1974-185, affd. without published opinion 516 F.2d 896 (2d Cir. 1975) (using the bank deposits method, deducting identifiable items, and regarding the rest as unexplained deposits and thus taxable income, puts thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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