- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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