Richard K. and Christine M. McGirl - Page 28

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          unreported income.  Holland v. United States, 348 U.S. 121                  
          (1954); Parks v. Commissioner, 94 T.C. 654, 661 (1990).                     
          Alternatively, where the taxpayer alleges a nontaxable source,              
          the Commissioner may satisfy her burden by disproving the                   
          nontaxable source so alleged.  United States v. Massei, 355 U.S.            
          595 (1958); Parks v. Commissioner, supra.                                   
               We find that respondent has proven by clear and convincing             
          evidence a likely source of the underreported deposits; i.e.,               
          that they are income from the Yogurt Station's business.                    
               We also find that respondent has disproved, by clear and               
          convincing evidence, the nontaxable source alleged by                       
          petitioners.  Mr. McGirl's explanation of loans from Mr.                    
          McAllister is implausible and incredible.  The McAllister loans             
          were supposedly included in the Yogurt Station's deposits.  In              
          1991, the alleged loans were only $7,000, yet the Yogurt                    
          Station's deposits substantially increased from the previous year           
          when the alleged loans were $30,500.  This inconsistency was not            
          explained by petitioners.  Mr. McAllister's testimony was vague             
          and incredible.  Further, we find it implausible that Mr.                   
          McAllister would have a $25,000 cash hoard given his financial              
          situation during the years in question.  Thus, respondent has               
          proven, by clear and convincing evidence, that an underpayment of           
          tax existed with respect to each of the years under                         







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