- 5 - On April 21, 1986, petitioner also deposited a check in the amount of $3,000 to the North Fork account. That check is dated April 18, 1986, and was received from "John Ballis Racing Account". "A bank deposit is prima facie evidence of income and respondent need not prove a likely source of that income." Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Petitioner seeks to rebut the presumption of income that arises from the evidence of bank deposits by arguing that the deposits in question for 1986 were loan repayments or petitioner's own cash: (1) "The $14,700 in deposits to North Fork Bank represents loan repayments or redeposits of * * * [petitioner's] own cash." (2) "The $3,000 check from the John Baylis [sic] racing account is not unreported income but rather is a repayment of a loan by Mr. Baylis [sic]." Petitioner has failed to persuade us that any of the 1986 deposits in question represent either loan repayments or redeposits. The only evidence that those deposits represent loan repayments or redeposits is petitioner's testimony to that effect. We did not, however, find petitioner to be a reliable witness. For example, with respect to the $900 deposited to the North Fork account on August 25, 1986, petitioner testified that he could not specifically remember that deposit but that he assumed that it was a partial repayment of $14,000 that he had lent to one Robert Libutti (Libutti) because "it was depositedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011