John Van Heemst - Page 27

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          Commissioner, supra at 873-874, the record shows that respondent            
          investigated petitioner’s claims of nontaxable sources and showed           
          them to be implausible and/or not supported by objective evidence           
          in the record, United States v. Conaway, supra at 44; Parks v.              
          Commissioner, supra at 661.  Respondent has thus established an             
          underpayment for 1987.                                                      
                    1988 and 1989                                                     
               In contrast to the approach used for 1987, respondent                  
          determined that petitioner underpaid his 1988 and 1989 taxes, not           
          on the basis of deposits into Pieces of Eight’s bank account, but           
          on the basis of expenditures from the account.  Respondent does             
          not argue on brief that the method used to determine the                    
          underpayments of tax for 1988 and 1989 was the bank deposit                 
          method or any variation thereof.  Respondent’s agent examined the           
          checks drawn on the account of Pieces of Eight and treated as               
          personal or nondeductible the expenditures that could not be                
          associated with that business.  Respondent did not place in                 
          evidence any analysis of bank deposits for Pieces of Eight during           
          those years, although respondent’s agent claimed to have gone               
          through its bank deposits.  Respondent has offered no explanation           
          why the determination of the underpayment of tax apparently was             
          based on only an analysis of expenditures from Pieces of Eight’s            
          bank account, and not on deposits into the account.9                        

          9                                                                           
               For instance, respondent does not claim that records of                
                                                             (continued...)           



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