M.S. Food Stores, Inc. - Page 25

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          records sufficient to establish the amount of such taxpayer's               
          income.  Sec. 6001;  DiLeo v. Commissioner, 96 T.C. 858, 867                
          (1991), affd. 959 F.2d 16 (2d Cir. 1992).  Where a taxpayer fails           
          to maintain adequate books or records, the Commissioner may                 
          determine the taxpayer's income by, among other methods, the bank           
          deposits method.  Mallette Bros. Construction Co. v. United                 
          States, 695 F.2d 145 (5th Cir. 1983); DiLeo v. Commissioner,                
          supra.  Bank deposits are prima facie evidence of income.  Mills            
          v. Commissioner, 399 F.2d 744, 749 (4th Cir. 1968), affg. T.C.              
          Memo. 1967-67; Clayton v. Commissioner, 102 T.C. 632, 645 (1994);           
          DiLeo v. Commissioner, supra at 868.  The taxpayer has the burden           
          of proving that the Commissioner's determination is incorrect.              
          Rule 142(a); Mills v. Commissioner, supra at 749; Clayton v.                
          Commissioner, supra at 645.                                                 
               The corporate petitioner argues that its unexplained bank              
          deposits consist entirely of funds advanced by Mr. Sutton to                
          provide the corporate petitioner with sufficient working capital.           
          The corporate petitioner includes in these funds cash loans Mr.             
          Sutton allegedly received from Mr. Palmer.  The Court is not                
          persuaded that Mr. Palmer made any loans to Mr. Sutton, let alone           
          that such "loans" account for the corporate petitioner's                    
          unexplained bank deposits.  The corporate petitioner asserts that           
          the proceeds of all of Mr. Sutton's personal checks to the                  
          corporate petitioner that were cashed eventually ended up as                






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