- 6 - cases. See Hoffman v. Commissioner, 298 F.2d 784, 786 (3d Cir. 1962), affg. in part on this issue T.C. Memo. 1960-160. Where the Commissioner has determined a deficiency by using the net worth method, we may adjust a determination of opening net worth shown by the trial record to be unrealistic. Hoffman v. Commissioner, supra; Baumgardner v. Commissioner, 251 F.2d 311 (9th Cir. 1957), affg. T.C. Memo. 1956-112; Potson v. Commissioner, 22 T.C. 912, 928-929 (1954), affd. sub nom. Bodoglau v. Commissioner, 230 F.2d 336 (7th Cir. 1956). Errors in the net worth method do not invalidate the presumption of correctness attaching to other aspects of the Commissioner’s deficiency determination if the determination was not arbitrary. Hoffman v. Commissioner, supra at 788. We may apply the Cohan rule (enunciated in Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930)), if appropriate, to decide the amount of cash on hand at the beginning of the period to which the net worth method is applied. Bodoglau v. Commissioner, 230 F.2d 336, 340-341 (7th Cir. 1956), affg. Potson v. Commissioner, 22 T.C. 912 (1954). The Court of Appeals stated, "based on our viewing of the deposition, we find Jeanette's testimony as to the $380,000 cash hoard quite straightforward, and it seems to be credible." Estate of Spear v. Commissioner, 41 F.3d at 114. In response to that finding, we have carefully reviewed petitioner's videotaped deposition testimony and the entire record to enable us toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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