John Van Heemst - Page 19

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          characterize the method used to determine the deficiencies,                 
          simply stating that certain expenditures from the Pieces of Eight           
          account were determined to be nondeductible and were presumed to            
          represent income to petitioner.  Although we may infer that                 
          deposits in amounts equal to the amount of the checks were made             
          into the Pieces of Eight account, we shall treat respondent as              
          having utilized the cash expenditures method of reconstructing              
          income for those years.                                                     
               The cash expenditures method is a variant of the net worth             
          method that is designed to reconstruct the income of a taxpayer             
          who consumes his income during the year and does not invest it.             
          Petzoldt v. Commissioner, 92 T.C. 661, 694 (1989).  The method is           
          well accepted by the courts.  United States v. Johnson, 319 U.S.            
          503, 517-518 (1943); DeVenney v. Commissioner, 85 T.C. 927, 930             
          (1985).  It is based on the assumption that the amount by which a           
          taxpayer’s expenditures during a taxable year exceed his reported           
          income has taxable origins unless the taxpayer can show that the            
          expenditures were made from some nontaxable source.  DeVenney v.            
          Commissioner, supra at 930-931.  Income is reconstructed pursuant           
          to the cash expenditures method in the following manner:                    
               after taking into account the amount of resources that                 
               a taxpayer had on hand at the beginning of a period,                   
               the income received by the taxpayer for the same period                
               is compared with his expenditures that are not                         
               attributable to his resources on hand or non-taxable                   
               receipts during the period.  A substantial excess of                   
               expenditures over the combination of reported income,                  






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