John Van Heemst - Page 29

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          beginning resources or a diminution of resources over time could            
          have made to expenditures.'"  Petzoldt v. Commissioner, 92 T.C.             
          at 694-695 (quoting Taglianetti v. United States, 398 F.2d at               
          565).                                                                       
               Formal net worth statements are not required as long as                
               sources of available funds are identified and                          
               quantified.  The relevant issue in a cash expenditures                 
               case is whether any expenditures in excess of reported                 
               income can be attributed to assets available at the                    
               beginning of the relevant period or to nontaxable                      
               receipts, such as loans, gifts, or inheritances.  [Id.                 
               at 695; citations omitted.11]                                          
          Establishment of a taxpayer’s beginning resources is essential              
          and is recognized to be the most difficult component of the                 
          Commissioner’s proof where the expenditures method is used.                 
          United States v. Citron, 783 F.2d at 316.  Where underpayments of           
          tax are to be shown over successive years, the Commissioner may             
          establish the opening available funds for the first year and show           
          the net amount of taxable and nontaxable receipts less                      
          disbursements for that year in order to establish the opening               
          available funds for the successive year, and so on.   United                
          States v. Caswell, 825 F.2d 1228, 1232 (8th Cir. 1987); United              
          States v. Marshall, 557 F.2d 527, 530 (5th Cir. 1977).                      


          11                                                                          
               We held in Petzoldt v. Commissioner, 92 T.C. 661, 694-696              
          (1989), that the Commissioner’s failure to determine a taxpayer’s           
          opening and closing net worth did not prevent the Commissioner              
          from showing an underpayment of tax on the basis of the cash                
          expenditures method where the Commissioner introduced sufficient            
          evidence for us to conclude that the taxpayer did not have                  
          sufficient resources at the beginning of the relevant period to             
          provide a nontaxable source for the expenditures in question.               



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