Richard K. and Christine M. McGirl - Page 21

                                       - 21 -                                         
          records.  Petzoldt v. Commissioner, 92 T.C. 661, 693 (1989).                
               For the years under consideration herein, petitioners                  
          maintained inadequate books and records for the Yogurt Station.             
          As a result, respondent used the bank deposit method to                     
          reconstruct the Yogurt Station's gross income.  "The bank deposit           
          method assumes that all money deposited in a taxpayer's bank                
          account during a given period constitutes taxable income."  DiLeo           
          v. Commissioner, 96 T.C. at 868.  Bank deposits are prima facie             
          evidence of income.  Tokarski v. Commissioner, 87 T.C. 74, 77               
          (1986); Estate of Mason v. Commissioner, 64 T.C. 651, 656 (1975),           
          affd. 566 F.2d 2 (6th Cir. 1977).                                           
               Only Mr. McGirl testified at trial about his used restaurant           
          equipment auction and maintenance business.  No records, no bills           
          of sale, no original IOU's, or any other document, with the                 
          exception of the fabricated auto logs, were offered to support              
          Mr. McGirl's testimony.  It is up to petitioners to prove a                 
          nontaxable source of the deposits.  Petitioners stipulated that,            
          except for loans from Mr. McAllister, all the Yogurt Station's              
          deposits were income.  Viewing the record as a whole, we find it            
          improbable and unconvincing that Mr. McAllister provided the                
          funds as claimed.  We are not required to accept blindly                    
          testimony which patently appears to he "highly improbable or                
          manifestly unreasonable."  Carmack v. Commissioner, 183 F.2d 1, 2           
          (5th Cir. 1950), affg. a Memorandum Opinion of this Court.  Mr.             
          McGirl would have the Court believe that during a period when Mr.           




Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011