- 30 - Additionally, the Commissioner must show either a likely source for the unreported income or negate nontaxable sources. Petzoldt v. Commissioner, supra at 695-697. If all nontaxable sources are negated, respondent need not show a likely source. United States v. Massei, 355 U.S. 595 (1958). “One or the other will do.” Petzoldt v. Commissioner, supra at 696. The Commissioner must also follow up leads to sources of nontaxable income furnished by the taxpayer where they are reasonably susceptible of being checked but need not negate every possible nontaxable source where no leads are forthcoming. Holland v. United States, 348 U.S. 121, 135-136, 138 (1954); United States v. Penosi, 452 F.2d 217, 220 (5th Cir. 1971). Because respondent’s determinations were based upon transactions occurring with respect to Pieces of Eight’s bank account, we need only consider circumstances relating to that account in order to decide whether respondent has carried the burden of proving an underpayment for each of 1988 and 1989. Respondent has shown that petitioner was coowner of Pieces of Eight. Respondent, however, has introduced evidence only of expenditures made by checks drawn on Pieces of Eight’s bank account. Respondent has not attempted to show the opening balance of that account for each of 1988 and 1989,12 which would 12 Furthermore, respondent’s analysis of Pieces of Eight’s account for 1987, although sufficient to demonstrate the existence of an underpayment of tax for that year, does not (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011