- 3 - Although petitioner did keep some records (as shown by respondent's concessions), his books and records were not adequate to determine his correct income. Therefore, respondent performed a bank deposits analysis on petitioner's business checking account. The use of the bank deposits method for computing income has long been sanctioned by this Court. Clayton v. Commissioner, 102 T.C. 632, 647 (1994); DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). This analysis revealed excess deposits in the amount of $80,902, which respondent identified and attributed to unreported Schedule C gross receipts. The stipulations show that petitioner failed to report net gambling income, interest income, and a State tax refund totaling $28,378. He underreported Schedule C income by $40,335 (by claiming a loss of $19,158 instead of positive net income of $21,177). He also failed to pay self- employment tax. Petitioner's return was prepared by Mr. Hassan G. Aslanpour, an Iranian who was recommended to petitioner by friends. Mr. Aslanpour was not called by either party, although respondent had listed him as a witness. Respondent stated that she had decided not to call him because he had no memory of the return and no records of it. Mr. Aslanpour apparently did not give petitioner a copy of his return; the copy in evidence came from respondent's files. At trial petitioner stated that the Schedule C attached to his return does not bear the name of his company and has no relationship to his income and expenses. He also said he had never seen this Schedule C before. However, petitioner did sign his Form 1040, and the loss shown on line 30 of Schedule C is reflected on page 1 of the Form 1040, line 12. It appears, however, that Mr. Aslanpour did create the Schedule C out of whole cloth, with the prime purpose of showing a loss. During the course of the audit, which first involved a revenue agent and later an Appeals officer, petitioner was represented at various times by atPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011