- 25 - Underpayment With respect to the first prong of the test, respondent need not prove the precise amount of the underpayment resulting from fraud, but only that some part of the underpayment of tax for each year in issue is attributable to fraud. Lee v. United States, 466 F.2d 11, 16-17 (5th Cir. 1972); Plunkett v. Commissioner, 465 F.2d 299, 303 (7th Cir. 1972), affg. T.C. Memo. 1970-274. Respondent may not, however, simply rely upon petitioner’s failure to show error in the determinations of the deficiencies. DiLeo v. Commissioner, 96 T.C. at 873; Petzoldt v. Commissioner, supra at 700. 1987 As noted above, respondent reconstructed petitioner’s income for 1987 using the bank deposit method, and we are satisfied that respondent’s bank deposit analysis establishes that petitioner had substantial unreported income during that year. In contrast to the net worth and cash expenditures methods, it is not necessary to establish a taxpayer’s opening net worth in order to show the receipt of taxable income by means of the bank deposit method. United States v. Conaway, 11 F.3d 40, 43 (5th Cir. 1993). “Such proof is not required because the evidence of bank deposits suffices to raise the inference that the taxpayer’s income came from a taxable source.” Id. Where the Commissioner has the burden of proof, the Commissioner must, however,Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011