- 8 - not arbitrary or capricious in resorting to the bank deposits method. DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). The fact that the Commissioner was not completely correct does not invalidate the method employed. Id. at 868. In the absence of books and records in this case, respondent analyzed petitioner's bank records and prepared schedules that summarized all of the transactions occurring in the accounts during 1988 and 1990. Respondent identified any deposits which represented nontaxable income or interaccount transfers, or which were receipts of income reported on petitioner's tax return. Consequently, with the exception hereinafter noted, respondent has properly reconstructed petitioner's gross income under the bank deposits method. Respondent made substantial concessions in connection with her bank deposit analysis, both before and during the trial. We have examined petitioner's remaining objections and find that all but one have either been taken into account in respondent's analysis or are unsupported by the record. Petitioner claims that respondent failed to reduce the additional income computation for 1990 by $1,500, the amount of an interbank transfer from petitioner's account at the Bank of Guam to his account at Wells Fargo Bank. The record shows two $1,500 checks drawn on the Bank of Guam, and two deposits, each in the amount of $1,500, into petitioner's Wells Fargo Bank account, all within the April 1, 1990, to April 6, 1990, timePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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