- 18 - 1988 and 1989 Petitioner filed no returns for 1988 and 1989. For those years, respondent determined that petitioner received net income from Pieces of Eight in the amounts of $37,891 and $58,577, respectively, based on a check spread, or transcript of checks drawn on Pieces of Eight’s bank account. The checks that respondent could not determine were allowable business expenses were considered to represent personal nondeductible expenses of petitioner and Ms. Murphy, one half of the amount of which was allocated to petitioner, and represented net income of Pieces of Eight. Ms. Murphy testified that petitioner would issue to her checks drawn on Pieces of Eight’s account that were used to pay their household expenses. Respondent’s agent claimed at trial that she had utilized a bank deposit method of reconstructing the income of Pieces of Eight, but the work papers in the record concerning 1988 and 1989 do not contain any analysis of Pieces of Eight’s bank deposits for those years. Furthermore, the description of the method by which the deficiencies were determined set forth in the stipulations of the parties and respondent’s brief makes clear that the determination was based on expenditures from, rather than deposits into, the Pieces of Eight bank account. On brief, respondent does not claim that the deficiencies for 1988 and 1989 were determined on the basis of the bank deposit method. Indeed, respondent does notPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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