- 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