- 12 - possessed the financial resources needed to make the 66 deposits at issue. However, despite his alleged ability to make said deposits, petitioner has not convinced the Court that the deposits were made using proceeds that he received from the real estate transactions he cites. Petitioner has simply identified a possible source of funds from which the deposits at issue may have been made. Yet merely identifying a possible source of funds does not satisfy petitioner's burden. In order to refute respondent's determination, petitioner must establish that the bank deposits at issue were made from a nontaxable source of funds. Rule 142(a); Reaves v. Commissioner, 31 T.C. 690, 718 (1958), affd. 295 F.2d 336 (5th Cir. 1961); Romer v. Commissioner, 28 T.C. 1228, 1244 (1957). Petitioner's testimony about his having made the deposits at issue using proceeds that he received from various real estate transactions is questionable, and we reject it as such. Although petitioner's testimony was not contradicted at trial, this Court is not required to accept a taxpayer's uncontradicted testimony if we find such testimony improbable, unreasonable, or questionable. Lovell & Hart, Inc. v. Commissioner, 456 F.2d 145, 148 (6th Cir. 1972), affg. T.C. Memo. 1970-335; MacGuire v. Commissioner, 450 F.2d 1239, 1244 (5th Cir. 1971), affg. T.C. Memo. 1970-89; see also Tokarski v. Commissioner, supra. Furthermore, the size and frequency of the deposits at issue render petitioner's argument suspect. Of the 66 total deposits,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011