- 28 - 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 underPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011