- 25 - 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 asPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011